ARANA KAR Vs. SARAT KUMAR DASH ALIAS NACHHI

JUDGEMENT

(1.) Present revision petition has been filed by the petitioner-wife against the rejection of her application under Section 125, of the Code of Criminal Procedure by the Family Court, Cuttack, in Criminal Proceeding No. 40 of 1991.

(2.) Submission of the learned counsel for the petitioner is that the opposite party-husband has sufficient means to maintain the petitioner but he has neglected and refused to maintain her. The Family Court has rejected her position on the ground that the petitioner was unable to substantiate her allegations against the opposite party. It has been submitted by the learned counsel for the petitioner before this Court that the petitioner has filed a copy of the complaint in O.S. No. 18 of 1973 filed by the opposite party in which the allegations against her chastity were made by the opposite party. Though the Court referred to this document in its judgment, it has ignored to take note of its effect and that the revision petition be allowed or the matter be referred to the lower Court for fresh decision.

(3.) The learned counsel for the opposite party-husband vehemently opposes the submissions of the learned counsel for the petitioner and submit that since the petitioner fails to substantiate her allegation and there is no justification for her to desert the opposite party, she is not entitled to any maintenance. He further submits that the opposite party is still ready and willing to keep her, but the petitioner has always refused to do so. Therefore, she is not entitled to any maintenance.