JUDGMENT

P. K. MOHANTY, J. — This is an appeal against the order of the learned Judge, Family Court, Rourkela passed in a petition filed under Sec. 128 of the Code of Criminal Procedure, directing en¬forcement of an order of maintenance in favour of the respondent-wife passed under Sec. 125, Cr.P.C.

2. The short facts of the case is that an order under Sec. 125, Cr.P.C. was passed in Misc. Case No. 79 of 1991 against the appellant on 8.8.1991 directing him to pay monthly maintenance of Rs. 250/- with effect from 25.5.1989. The appellant-husband having not complied with the order and having defaulted in payment, the respondent filed an application under Sec. 128, Cr.P.C. for enforcement of the order of maintenance. The appel¬lant appeared before the learned Judge, Family Court and filed his show cause denying his liability on several grounds. In course of the proceeding, a reconciliation was attempted and the appellant and the respondent filed a joint petition on 10.1.1992 to the effect that the appellant would pay a sum of Rs. 200/- out of Rs. 500/- in the first instalment on 23.1.1992 and on payment of the said amount, the respondent would go to the house of her husband for resumi