ADWAITA CHARAN CHOUDHURY Vs. TOHPHANI CHOUDHURY

JUDGEMENT

(1.) Judgment dated 4-10-1997 in Crl. Proceeding No. 321 of 1994 u/S.125, Cr.P.C.of the Court of Judge, Family Court, Cuttack, wherein monthly maintenance at the rate of Rs. 150/- was allowed in favour of the opposite party, has been impugned by the petitioner in this revision.

(2.) Opposite party claiming herself to be the legally married wife of the petitioner since 1975 and alleging ill-treatment, cruelty and desertion since 1991, filed the petition u/S.125, Cr.P.C.in 1994 claiming for monthly maintenance on the ground that she has no source of income to sustain her livelihood whereas, the petitioner being a weaver as well as a skilled carpenter has got sufficient source of income to maintain her. In his show cause/counter petitioner admitted the relationship, but pleaded inter alia about the customary divorce and also alternately stated that opposite party voluntarily deserted him on mutual consent and therefore, she is not entitled for maintenance. In addition to that petitioner also stated that opposite party works as a weaver and is capable of maintaining herself whereas the petitioner is a dependent on his brother. Accordingly, he prayed to dismiss the petition for maintenance u/S.125, Cr.P.C.

(3.) During the course of hearing, opposite party examined herself as P.W.1 and petitioner examined himself as O.P.No. 4. Each of them examined three witnesses more in support of their respective cases. Petitioner also relied upon the documents vide Exts. A to C.