G. B. PATTANAIK, J.

( 1 ) THE petitioner filed an application before the Judicial Magistrate First Class, Jajpur Road, claiming maintenance from the opposite party under S. 125, Criminal P. C. (hereinafter referred to as the "code" ). Her application having been rejected by the learned Magistrate, the present revision has been preferred. The petitioner alleges that she is the legally married wife of the opposite party and marriage between them having taken place on 5-7-1979 according to the Hindu rites. The opposite party neglected her as the dowry demanded by him could not be satisfied and ultimately the opposite party drove away the petitioner from his house and refused to maintain her. It was alleged that the opposite party has married again the daughter of one Dwija Nayak and has sufficient means to maintain the petitioner. The petitioner claimed maintenance at the rate of Rs. 200/- per month.

( 2 ) THE opposite party denies the allegations made in the petition and also avers that the petitioner is living in adultery and both of them are living separately by mutual consent. According to the opposite party, the petitioner was caught red-handed while she was having sexual relati