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1996 Supreme(Ori) 296

DIPAK MISRA
BIDUTLATA ROUT – Appellant
Versus
PRAMOD KUMAR ROUT – Respondent


Advocates Appeared:
B.K. Misra and N.K. Das, for the Appellant; B.K. Sahu, G.N. Sahoo, A. Jena and S. Behera, for the Respondent

JUDGMENT :

Dipak Misra, J. - The deserted and neglected wife-the petitioner No. 1, along with her innocent, deprived of fatherly care and concern-the minor child, has preferred the present revision claiming enhancement of the quantum of maintenance, being dissatisfied with the order whereby the Judge, Family Court, Cuttack, has awarded maintenance 'Rs. 200/-and Rs. 100/- per month in favour of petitioner Nos. 1 and 2 respectively from the date of presentation of the petition u/s 125 of the Code of Criminal Procedure (in short 'the Code') forming the subject matter of Criminal Proceeding No. 123 of 1992.

2. The essential facts are :-

The petitioner No. 1 had married the opposite party in June, 1985 in accordance with Hindu rites. At the time of marriage, the opposite party had demanded Rs. 8,000/-and the father of the petitioner No. 1 being poor could only pay Rs. 5,000/-. After solemnisation of marriage, there was constant demand for the balance amount but as the same could not be paid, the opposite party assaulted the petitioner and neglected to maintain her. Inspite of the strained relationship the petitioner No. 2 was born in their wedlock. Ultimately she was driven away from the h










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