A court has the power to grant interim maintenance in a proceeding under Section 125 of the Code of Criminal Procedure.

DEEPAK MISRA, J.

( 1 ) GRANT of maintenance to the wife and the children in a proceeding under Section 125 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' by the Sub-Divisional Judicial Magistrate, Puri in Criminal Misc. Case No. 335 of 1993 is the subject-matter of challenge in the present revision.

( 2 ) THE factual matrix as unfolded is that the opposite party No. 1, the wife of the present petitioner, along with three daughters, opposite parties 2 to 4 herein filed an application under Section 125 of the Code claiming maintenance of Rs. 500/- for herself and Rs. 200/- for each of the children per month. According to the wife-opposite party No. 1, her marriage with the present petitioner was solemnised on 9-7-72 and three daughters and one son were born in their wedlock. The husband who has been working as a 'bill Issuer' in Utkal Express has developed illicit relationship with his sister-in-law (wife's sister) and she objected to the same and requested him to mend his ways and amend his character. He did not pay any heed and left the house with the son in the month of February, 1993 abandoning the wife and children to suffer their own joss. It has also been asserted by her that while she had protested in regard to the illicit relationship of her husband with her sister she was brutally assaulted and deprived of food. The further case of the wife-opposite party is that she has been neglected and treated with intolerable cruelty and is not in a position to sustain herself and her daughters. It has al so been asserted by her that the salary of the husband is Rs. 3,500/- and it is his duty to maintain the wife and daughters.

( 3 ) THE allegations of the wife-opposite party No. 1 herein were seriously refuted by the husband-petitioner stating, inter alia, that the wife is staying with a person named B. C. Sahu in a rented house along with her three daughters, and in spite of repeated requests she has not discontinued her relationship with the said B. C. Sahu and has not accepted the offer of the husband to come back to him along with the daughters to live in an atmosphere of amity and understanding. Thus, while making counter allegations of adultery against the wife, the husband has disputed all other allegations and controverted the claim of maintenance as advanced by her.

( 4 ) AFTER the written statement was filed the case was adjourned from time to time and ultimately it was posted to 6-6-94 for hearing on which day an application for adjournment was filed by the husband. The Court below allowed the prayer for adjournment and fixed the matter to 16-7-94. On that day the husband-opposite party did not take any steps and the Court adjourned the proceeding to 20th July, 1994 forfurther orders. On the adjourned date the husband remained absent. Evidence was adduced on behalf of the wife and the matter was fixed to 21-7-94 for argument, and ultimately final order was passed on 25-7-94 granting maintenance as indicated earlier.

( 5 ) SRI R. K. Nayak, the learned counsel for the petitioner has contended that the husband has not been given adequate opportunity to contest the proceeding and; therefore, the order passed by the Court below is susceptible. He has referred to the order-sheet to show that the learned Magistrate has committed gross illegality by recording on 21-7-74 that he heard arguments from both the sides though the petitioner was absent on that day. Serious exception has been taken to this by the counsel for the petitioner and a prayer has 6een made to set aside the entire impugned order and for issuance of a direction to hear the matter afresh granting adequate opportunity to the petitioner. Apart from this, the order also has been challenged on merits by advancing the submission to the effect that the reasonings given by the Court below are absolutely unjustified and the determination of quantum of maintenance is extremely, excessive. Mr. Nayak has also highlighted that when the husband