DHRUBA CHARAN SENA Vs. HEMALATA DEI

JUDGEMENT

(1.) THIS revision Is directed against an order passed by the learned Judicial Magistrate, Kujang granting maintenance to the opposite party at the rate of Rs. 150/ - per month under Section 123 of the Code of Criminal Procedure.

(2.) THE case of the opposite party, who was the petitioner before the learned Judicial Magistrate, is that she was married to the petitioner on 20 -6 -1931 as a Tolakanya according to the religious rites and customs. After marriage both parties led a happy conjugal life. After a year of marriage the petitioner with the intention of marrying another girl ill -treated and assaulted her and ultimately she was driven out of the house on 24 -5 -1982. Subsequently, the petitioner married another girl named, Jharana Mohanty for the second time. In the above circumstances, she claimed maintenance at the rate of Rs. 300/ - per month.

(3.) THE opposite party examined herself (P.W. 1), the barber who had attended the marriage (P.W. 2), her uncle who acted as the Kanya Pita at the marriage ceremony (P.W. 3), her own brother (P.W.4) and another person of the village of the petitioner (P.W. 5). The petitioner examined three witnesses including himself. On a fair appraisal of their evidence, the learned Judicial Magistrate held that the opposite party successfully proved the marriage between herself and the petitioner. He further found that she was illtreated and ultimately driven out. Therefore, he allowed maintenance of Rs. 150/ - per month which in these days of soaring prices is bare sustenance.