RAMA CHANDRA SAMAL Vs. GITA SAMAL

JUDGEMENT

(1.) BOTH the Criminal Revision arise out of the order dated 6.2.1997 of the Judge, Family Court, Cuttack in a petition under Section 125, Code of Criminal Procedure, awarding maintenance. Since the case arise out of a common judgment, with the content and on agreement of the learned Counsel for the parties, both the Revision are taken up together and disposed of by this common judgment.

(2.) CRIMINAL Revision No. 255 of 1997 is by the husband challenging the order of maintenance and Criminal Revision No. 398 of 1997 is by the wife claiming enhancement of the maintenance.

(3.) THE Petitioner -wife's case in the Court below was that both the parties are Harijans and are panas by Caste and their marriage was solemnised in the temple of Kalagni Mahadev sometimes in the year 1991 after due observance of all due customary ceremonies. They consummated the marriage in the house of the Petitioner -wife since the family members of the Opp. Party -husband were observing obsequies due to death of one of their close relation. It was further claimed that both the parties have sworn an affidavit before the Executive Magistrate, Siaipur admitting the factum of marriage. But however, after consummating the marriage and enjoying the conjugal life for a period of two months in the house of the Petitioner, the opp, party -husband demanded dowry like gold ring, cycle and a cash of Rs. 2,000/ - and since the family members of the wife could not comply, with the said demand, the husband started torturing the wife and finally he deserted her and want to his father's house. Since then the husband has not provided any subsistence to the Petitioner and since she has no independent source of income, whereas the opp.party -husband is working as a mason and get around Rs. 4,000/ - per month, she should be provided with maintenance by the husband.