JITENDRA NATH SARKAR Vs. DALIA SARKAR

JUDGEMENT

(1.) Petitioner, in this revision, has challenged order of interim maintenance granted in favour of opposite party Nos. 2 and 3 vide the impugned order dated 23-1-1995 in Misc. Case No. 3 of 1994 by the learned Judge, Family Court, Rourkela.

(2.) Shorn of all details relevant and material facts are noted herewith for the sake of reference and convenience. Opposite party No. 1 is the legally married wife of the petitioner. Their marriage was solemnised in 1968. Opposite party Nos. 2 and 3 are the unmarried daughters and opposite party Nos. 4 and 5 are sons of the petitioner and opposite party No. 1. Admittedly, the opposite party members are living separately since 1979-80.

(3.) Opposite party members filed the aforesaid proceeding claiming for maintenance u/S.125 of the Code alleging therein that in December, 1979 petitioner drove them out and has refused to maintain them though he has sufficient means being an employee in the railway department. Petitioner denied to the allegation and stated that opposite party No. 1 leading an adulterous life voluntarily deserted him and went away with the children. He further contended that opposite party Nos. 4 and 5 (petitioners 2 and 3 in the lower Court) being major sons and opposite party Nos. 2 and 3 (petitioners 4 and 5 in the lower Court) being the daughters having attained majority are legally not entitled to maintenance under S.125 of the Code. He also refused to pay maintenance to opposite party No. 1 on the aforesaid ground of adultery.