RABINDRANATH NAYAK Vs. MANJUKTA NAYAK ALIAS MAYALATA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case arises out of the order dated 27 -2 -1988 passed by Sri A.B. Naidu, Sub -divisional Judicial Magistrate, Jagatsinghpur in Misc. Case No. 15 of 1987 allowing interim maintenance @ Rs. 150/ - per month in favour of the petitioner -Manjukta Nayak (opp. party in this case).

(2.) THE petitioner (opp. party) claims that she is the legally married wife of the opp. party (petitioner) Rabindranath Nayak and their marriage was solemnised in the year 1978 and on 10 -9 -1980 a child was born out of their wed -lock. The petitioner (opp. party) further asserted that she has been neglected by the opp. party (petitioner) and ill -treated by him and as a result of that she is staying with her father since 1980. In these circum stances, the petitioner (opp. party) claimed maintenance and also prayed for interim maintenance @ Rs. 300/ - per month till disposal of the case.

(3.) THE trial Court after taking into consideration the materials on record came to the finding that there are materials to show prima facie that the petitioner (opp. party) is the legally married wife of the opp. party (petitioner). On the basis Of such finding, the lower Court directed the opp. party (petitioner) to deposit a sum of Rs. 150/ - per month in the Court on the 10th day of each month till disposal of the Misc. Case, and it was further directed that the petitioner (opp. party), shall withdraw the amount after giving an undertaking to refund the amount in ease her claim of maintenance is disallowed.