BENUDHAR PARIDA Vs. INDU PARIDA

JUDGEMENT

(1.) Petitioner has filed this revision against the judgment D/- 30-9-1991 in Misc. Case No. 149 of 1991 u/S. 125 of the Criminal Procedure Code, 1971 (in short, 'the Code') of the learned Judge, Family Court, Rourkela. This revision application was initially registered as Crl. Revision No. 59 of 1992. On an application filed by the petitioner it was registered as Crl. Appeal No. 83 of 1992. However, as per the Court's order No. 15 dated 22-4-1994 read with order No. 17 dt. 25-3-1994 it was again registered as Crl. Revision No. 189 of 1994. This revision is disposed of at the stage of hearing on admission on the consent and active participation of both the parties.

(2.) Opposite party No. 1 is the legal married wife of the petitioner. She filed the aforesaid misc. case u/S. 125 of the Code claiming for monthly maintenance from the petitioner. No relief was claimed against opposite parties 2 and 3 who were the employers of the petitioner. Since they were made opposite parties in the misc. case u/S. 125 of the Code therefore they have also been made parties in this revision. Learned counsel representing the opposite parties 2 and 3 appeared and stated that the Managing Director or the Chief Superintendent of the Rourkela Steel Plant (opposite parties Nos. 2 and 3) have nothing to do in the matrimonial dispute between the petitioner and opposite party No. 1. Learned counsel for the petitioner as well as opposite party No. 1 conceded to the said statement.

(3.) Opposite party No. 1 claiming herself to be the legally married wife of the petitioner and alleging cruelty, negligence and refusal to maintain by the petitioner prayed for monthly maintenance. Petitioner without disputing the relationship contested the case denying to the allegations of cruelty, desertion and refusal to maintain opposite party No. 1.