JADUMANI SAHU Vs. BRUNDABATI SAHU

JUDGEMENT

(1.) Opposite party in Criminal Misc. Case No. 28 of 1993/Tr. No. 32/95 has filed this revision challenging the order of maintenance u/S.125 of the Criminal Procedure Code, 1973 (in short, 'the Code').

(2.) On the basis of petition u/S.125 of the Code filed by the present opposite party claiming for maintenance from the present petitioner on the ground that she is the legally married wife of the petitioner and she was ill-treated and deserted for non-fulfilment of further dowry demand and that petitioner has not only neglected and refused to maintain her but also married for the second time, in the meantime. She has stated that their marriage was solemnised on 4-2-1990 and since 'Dasahara' 1990 she has been deserted and neglected. Petitioner without disputing the date of marriage, inter se relationship and the factum of opposite party going to her parents house in 'Dasahara' 1990 denied to the allegations of demand of further dowry and ill-treatment and cruelty on that account. He has further taken the stand that due to quarrel with his sister, the opposite party refused to return to his house in spite of attempts made by him both personally and with the help of caste people and 'Bhadralogs'. He has further stated that the allegation of second marriage of the petitioner is false.

(3.) In support of their respective cases both the parties adduced oral evidence. Opposite party examined herself as P.W.1 and did not adduce any further evidence. Petitioner examined four witnesses including himself as O.P.W.3.