JIBANENDRA MOHAPATRA Vs. PUSPITA MOHAPATRA

JUDGEMENT

(1.) The judgment dated 15-2-1992 passed by the learned Judge, Family Court, Cuttack in Criminal Proceeding No. 26 of 1991 is impugned in both the criminal appeals and thus, both the appeals are heard together and disposed of by this common judgment.

(2.) Puspita Mohapatra, appellant in Crl. Appeal No. 112 of 1992 being the wife of Jibanendra Mohapatra, appellant in Crl. Appeal No. 110 of 1992, filed an application under Section 125, Cr.P.C. seeking maintenance of Rs. 500/- per month from her hus- band-Jibanendra Mohapatra. Admittedly the parties married on 14-7-1986 and led a blissful married life for quite some time. Thereafter, it is alleged, dissensions cropped up and the husband who was serving in Indian Air Force did not bother to look after his wife. According to the wife, the husband was getting salary of Rs. 3.000/- per month and his home-take salary was Rs. 1500/-. The husband appeared in Court and filed an objection taking the plea that he is ready and willing to maintain the wife and the wife is, in fact, deliberately not staying with him and as such, she is not entitled to any maintenance.

(3.) In course of hearing, to substantiate her case of negligence. the wife examined three witnesses being P.Ws. 1, 2 and 3 and exhibited three documents. The husband on the other hand, examined himself as O.P. W. No. 1 and exhibited three documents.