JUDGMENT

G.B. Patnaik, J. - petitioner is the third wife of late Nari Jena and opposite parties 1 and 2 are the sons of Nari Jena through his second wife. After the death of Nari Jena as opposite parties neglected the petitioner and her two minor daughters, they filed an application under section 125 of the Code of Criminal Procedure claiming maintenance at the rate of Rs. 70/- per month. It was asserted in their petition that petitioner's husband Nari Jena had left some landed properly which had been cultivated by the opposite parties and further opposite party No. 1 was an Assistant in the office of the Inspector of Schools. The opposite parties in their objection asserted that the petitioner was not the wife of Nari Jena and further she was not unable to maintain herself. It was also averred by them that some of the lands of Nari Jena had been given to the petitioner for her maintenance and, therefore, she was not entitled to any maintenance from them. The learned Magistrate came to hold that the petitioner was the wife of Nari Jena and stepmother of the opposite parties. He further found that the petitioner was unable to maintain herself as she was not in possession of any land