P. K. TRIPATHY, J.

( 1 ) BOTH the aforesaid revisions have been heard analogously and disposed of by this judgment.

( 2 ) OPPOSITE party No. 1 for herself and on behalf of opposite parties 2 and 3 who were the minor children, filed petition under Section 125 (3), Cr. P. C. claiming for maintenance from the petitioner on the ground that she and opposite parties 2 and 3 born out of the wedlock were ill-treated and deserted by the petitioner though he is capable of maintaining them having sufficient means. That application was registered as Crl. Misc. Case No. 74/89 in the Court of SDJM, Jajpur. Later on it was transferred to the file of Judge, Family Court, Cuttack and registered as Crl. Proceeding No. 388 of 1991. Petitioner contested that case. In his show cause he admitted the relationship, but refused to pay maintenance on the ground that opposite party No. 1 is leading an adulterous life with one Mina Behera and voluntarily deserted him. In support of their respective cases both the parties adduced oral and documentary evidence. Opposite Parties examined O. P. No. 1 as P. W. 1 and another witness namely Kapila Ch. Sahu as P. W. 2. The petitioner examined himself as O. P. W. No.