JUDGMENT :

K.P. Mohapatra, J. - The Petitioner has challenged the order passed by the learned Sub-Divisional Judicial Magistrate, Jajpur rejecting her petition u/s 125 of the Code of Criminal Procedure (Code of Criminal Procedure for short).

2. The case of the Petitioner in brief is that she was married to the opposite party according to custom inside the Biraja Temple of Jajpur in the presence of gentlemen whereafter, both parties lived together as husband and wife. Bitterness of feelings, however, followed for which she was illtreated and was driven out from the matrimonial home. The opposite party refused and neglected to maintain her despite the fact that he owned landed property and he earns Rs. 300/-per month. The Petitioner has prayed for monthly maintenance of Rs. 100/-.

3. The opposite party denied the marriage altogether. He stated that he was still a bachelor and neither married the Petitioner in the Biraja Temple of Jajpur nor lived with her as husband. According to him, the Petitioner is a characterless woman of illrepute and when she conceived, though unmarried, she attempted to trap him finding that he is her sister's husband's brother. He denied his liability to pay ma