JUDGMENT :

S.K. Sahoo, J.

1. The petitioner Ramakanta Nayak has filed this revision petition challenging the impugned judgment and order dated 15.04.2015 passed by the learned Judge, Family Court, Jajpur in Criminal Proceeding No. 591 of 2011 in directing the petitioner to pay maintenance to the opposite party @ Rs.1,000/- (rupees one thousand) per month from the date of application i.e. 18.10.2011 till the order and to pay maintenance @ Rs. 1,500/- (rupees one thousand five hundred) from the date of order i.e. 15.04.2015. It was further directed that the arrear maintenance should be paid within three months and the current maintenance should be paid within first week of every succeeding month.

2. The opposite party filed an application under section 125 of Cr.P.C. indicating therein that she is the legally married wife of the petitioner and their marriage was solemnized on 23.05.2010 as per the Hindu rites and customs and during marriage, cash, gold ornaments and other household articles were given and after marriage, they resided peacefully for about five months. During her stay in her in-laws house, the opposite party found that the younger sister of the elder sister in-law (Bhauja) of the petitioner was visiting the house frequently and mixing with the petitioner very freely and the petitioner had illicit relationship with her.

3. It is the further case of the opposite party that on 7.11.2010 the petitioner and his family members demanded Rs.50,000/- (rupees fifty thousand) more and since such demand could not be fulfilled, the petitioner threatened the opp. party to murder her by pouring kerosene on her body and out of fear and to save her life, the opposite party fled away from the house and reported the matter to the police. The petitioner declared to marry again the younger sister of his sister in-law (Bhauja). The opp. party lodged another report before the police and a criminal case was instituted. It is further stated in the maintenance petition that the opp. party had no source of income and she had come from a lower middle class family and her father depended on agriculture and the petitioner was earning of Rs.12,000/- per month being engaged in a private firm at Bhubaneswar and his family had 8 acres of landed property from which they were earning Rs.50,000/- per annum. She prayed for an amount of Rs. 6,000/- to be paid to her towards maintenance.

4. The petitioner appeared in the said case on being noticed and filed his show cause denying the case of the opposite party but admitted the marriage. It is the case of the petitioner that the opp. party was suffering from mental disease and soon after marriage, when it was detected, she was taken to S.C.B. Medical College & Hospital, Cuttack on 09.06.2010 for treatment and she was under treatment in that Hospital. It is further stated in the show cause that the petitioner had no income and he belonged to B.P.L. Family.

5. During course of the proceeding before the learned Judge, Family Court, three witnesses were examined on behalf of the opposite party and four witnesses were examined on behalf of the petitioner. The opposite party examined herself as P.W.1 and the petitioner examined himself as O.P.W.1. The petitioner exhibited certain documents i.e. Ext. A to Ext. E.

6. Considering the evidence adduced by both the sides and the documents proved by the petitioner, the learned Judge, Family Court has been pleased to hold that the plea of the petitioner that the opposite party was living in adultery is not believable. It was further held that from the case record, it shows that the opposite party has sufficient reason to reside separately from the petitioner and she has no sufficient income and she was unable to maintain herself. It was further held that the income of the petitioner can be guessed to be not less than 8,000/- (rupees eight thousand) and accordingly, the impugned judgment and order of maintenance was passed.

7. Challenging the impugned judgment and order of lea