SARAT CHANDRA PATTNAIK Vs. BINODINI PATTNAIK

JUDGEMENT

(1.) Opposite party in Criminal Misc. Case No. 42/89 under Section 125 of the Criminal Procedure Code, 1973 (in short, 'the Code') of the Court of Judicial Magistrate First Class, Daspalla has preferred this revision challenging the order of monthly maintenance granted at the rate of Rs. 300/ - per month to the present opposite party (who was the petitioner in the lower Court), vide the impugned judgment dated 19.4.1994.

(2.) CLAIMING to be the legally married wife on the basis of a temple marriage at Tarini Temple and thereafter claiming cruelty and desertion and her inability to sustain her livelihood opposite party claimed for maintenance from the petitioner at the rate of Rs. 500/ - per month on the ground that petitioner, who is her husband, is an employee under the Forest Corporation and earning Rs. 1,500/ - per month and besides that he -has landed property ennuring an income of Rs. 20,000/ - per annum. She also alleged that after deserting her, petitioner has already married for the second time in spite of a suit for injunction pending against him.

(3.) TO substantiate her case opposite party examined herself and her father as P.Ws. 1 and 3 respectively and the above named P.W. 2 who signed as a witness in the application for marriage and thereafter the conduct of the parties regarding residing at Daspalla as husband and wife. Petitioner examined himself as O.P.W. 2 and the Kali Prasad Panda as O.P.W. 1 and relied upon the certified copy of the deposition of P.W. 1 in a previous criminal proceeding.