BIMBADHAR BEHERA Vs. PRATIMAMANI BEHERA

JUDGEMENT

(1.) Order D/- 13-9-1996 in Misc. Case No. 168 of 1991 under section 127 of the Code of Criminal Procedure, 1973 (in short, 'the Code') of the Court of S.D.J.M., Balasore is under challenge in this revision.

(2.) Undisputed facts in the case are that petitioner and opposite party No. 1 are husband and the wife and opposite party No. 2 is their daughter. Petition under S.125 of the Code vide Criminal Misc. Case No. 1/93 of 1982 filed by opposite party claiming maintenance was allowed on 1-6-1993 and monthly maintenance of Rs. 150/- and Rs. 70/- was ordered to be paid to opposite party Nos. 1 and 2 respectively. On the grounds of increase of the cost of daily use commodity and hike in the cost of living on 3-7-1991 petition under S.127 of the Code for enhancement of monthly maintenance was filed by the opposite parties which was registered as Misc. Case No. 169 of 1991. During pendency of that Misc. Case opposite party No. 2 married and therefore, petition for enhancement of maintenance was not pressed for her. Opposite party No. 1 who prayed for enhancement of maintenance is the deserted wife of the petitioner and a physically handicapped woman being a dumb. Petitioner contested the said claim on the grounds that there is no justification for enhancement, good relationship developed between herself and opposite party No. 1, one Madan Bhakta, one of the brothers of the opposite party No. 1 is instrumental for the litigations between the parties. Petitioner is ailing person and because of large number of dependants and meagre income from salary he may not be able to pay maintenance at any enhanced rate.

(3.) At the time of enquiry one Braja Mohan Bhakta, a brother of opposite party No. 1 deposed in her favour as the solitary witness and petitioner deposed in support of his case as O.P.No. 1. No other evidence was tendered from either side. On assessment of evidence in record, learned S.D.J.M., Balasore allowed enhancement of maintenance from Rs. 150/- to Rs. 300/- in favour of opposite party No. 1 making it payable from the date of application i.e. 3-7-1991.