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2002 Supreme(Ori) 157

L.MOHAPATRA
LAXMAN NAIK – Appellant
Versus
NALITA ALIAS LALITA NAIK – Respondent


Advocates Appeared:
B.RATH, B.SENAPATI, J.N.RATH, K.R.MOHAPATRA, M.K.PANDA, P.K.MISHRA, P.S.SAMANTRAI, R.C.RATH, S.B.Mohanty, S.Ghosh, S.K.JETHY, S.K.PANDEY

L. MOHAPATRA, J.

( 1 ) IN this application under S. 482, Cr. P. C. the petitioner has challenged the legality of the orders passed by the courts below in a proceeding under Section 125, Cr. P. C.

( 2 ) AN application was filed by the opp. party for grant of maintenance under Section 125, Cr. P. C. for herself and her sons. The case of the opp. party is that she had married the petitioner as per Hindu rites and customs 15-16 years prior to the institution of the case and out of such wedlock 3 sons and 3 daughters were born. At the time of marriage the petitioner was a manual labourer in the coal mines and ultimately became a driver and was getting Rs. 5,000. 00 per month as salary. Being instigated by his colleagues, petitioner demanded Rs. 50,000. 00, a colour TV and a scooter towards dowry. Since the opp. party refused to request her parents for such dowry, ill feelings started between the parties and the opp. party was subject to torture. It is alleged in the petition that the opp. party was assaulted very often but she kept quiet for a long period. In the year 1995 petitioner filed O. S. No. 52 of 1995 in the Court of the learned Civil Judge (Sr. Divn.), Angul for a judicial se







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