JUDGMENT

B.K. PATEL, J. — This revision is directed against order dated 10.8.2009 passed by the learned Judge, Family Court, Cut¬tack in Criminal Proceeding No.812 of 2002 directing the peti¬tioner under Section 125 of the Cr.P.C. to pay to the opposite party Rs.1,000/- and her son Rs.500/- towards maintenance from the date of application subject to adjustment of interim mainte¬nance already paid alongwith litigation cost of Rs.2,000/-.

2. Asserting her to be the petitioner’s wife, opposite party filed application for award of maintenance at the rate of Rs.2,000/- for herself and Rs.1,000/- for her minor son per month and Rs.2,000/- towards litigation expenses. According to opposite party, her marriage with the petitioner was solemnized on 12.3.1993 in accordance with Hindu rites and customs. In response to petitioner’s demand, opposite party’s father paid sum of Rs.40,000/- alongwith gold ornaments and other household articles at the time of marriage. Out of their wedlock a male child was born on 19.5.1994 after which the petitioner took them to Bhubaneswar where he was working. While living in Bhubaneswar the petitioner subjected the opposite party to physical and mental torture