JUDGMENT :

G.B. Patnaik, J. - This revision is directed against the judgment of the Learned Additional Sessions Judge, Sambalpur who by the impugned order set aside the order of the learned Magistrate in a proceeding u/s 125, Criminal Procedure Code and held that the Petitioners are not entitled to receive maintenance under the said provision.

2. Petitioner No. 1 alleging to be the legally married wife of opposite party and Petitioner No. 2 alleging to be the daughter born out of their wedlock filed an application u/s 125, Criminal Procedure Code claiming maintenance from the opposite party. It was the case of the Petitioners that the marriage between Petitioner Nu. 1 and opposite party took place in 1976 and both of them lived together as husband and wife at Padmapur. Petitioner No. 1 conceived during that period and she was brought by her father Dolamani to her own house and then again came back to her husband during Chaitra, 1977. While she was in advanced stage of pregnancy she was taken to her own house by her parents where Petitioner No. 2 was born. Thereafter, she gave intimation to her husband, the opposite party to come and take her back but did not receive any information f