SMT. SABITRI BARIK Vs. SRI. SIBA BARIK

JUDGEMENT

(1.) THIS revision arises out of a revisional order of the learned Additional Sessions Judge, Balasore reversing the order granting maintenance to the Petitioner.

(2.) IN 1981 the Petitioner filed an application for maintenance against her husband, the opposite party. The same was not pressed on account of settlement between the husband and wife. However, the settlement did not work out and in 1982, another application was filed by the Petitioner for maintenance. Opposite party in his objection denied the allegations of the Petitioner that he refused to entertain the wife in his house and claimed chat he is prepared to accept the Petitioner and their children. Petitioner examined two witnesses in support of maintenance and opposite party examined himself alone. Learned Magistrate disposed of the application with the following order:

(3.) MR . B. Baug, learned Counsel for the Petitioner submitted that the learned Magistrate bad no Jurisdiction to pass an order in exercise of power under Section 125. Code of Criminal Procedure to direct the wife to remain with the husband and to direct the husband to accept the wife. If the learned Magistrate passed such an order, he had the jurisdiction to recall the order which was without jurisdiction and to restore back the case for disposal in accordance with Jaw. From the order of the learned Magistrate it will be seen that the objection of the opposite party was with regard to his alleged conduct not to accept the Petitioner and it seems the question of lack of jurisdiction was not pressed to service. Mr. P. Kar, learned Counsel for the opposite party on the other hand justified the order of the learned Additional Sessions Judge.