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2010 Supreme(Ori) 3

S.K.MISHRA
Bikram Ray – Appellant
Versus
Jema Hembram – Respondent


Advocates:
For Petitioner:M/s. S. B. Mahanta and G. K. Nanda
For Opp. Parties:M/s. S. R. Mohapatra, B. K. Raj, S. C. Mahanta, P. K. Das, B. R. Mohanty and A. K. Barik

JUDGMENT

S.K. MISHRA, J. — In this Revision, petitioner i.e. oppo¬site party in C.M.C. No.57 of 2001 of the Court of S.D.J.M., Karanjia has assailed the partly reversing judgment of the learned Adhoc Addl. District and Sessions Judge, Fast Track Court, Baripada in Criminal Revision No.3/37 of 2005/04.

2. Succinctly stated, case of the petitioner No.1 before the trial Court is that on 05.03.2000 as per caste custom, she married the opposite party i.e. the present petitioner and stayed with him for a period of seven to eight months in his house as his wife and out of their wedlock on 15.06.2001, she gave birth to petitioner No.2. It is further alleged that after the birth of petitioner No.2, her father i.e., the present petitioner and his family members started torturing petitioner No.1 both mental¬ly and physically and did not give her any food, cloth and medi¬cine. Finally on 15.07.2001, he drove her away. Thereafter, she is staying in her parents’ house along with her minor daughter. Her husband did not provide any maintenance to her or her minor daughter. Hence, she filed the application for maintenance under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referr







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