( 1 ) THE brief facts of this case are that non-applicant Sagarlal Behera filed a complaint under section 98, Cr. P. C. that according banani custom prevalent in his Sahu community, he married Ku. Krishna Bijli Sahu, aged about 22 years, the daughter of Laxmidhar Sahu on 20/5/1985 at Raipur and thereafter both lived together at Raipur. She was allowed to return to her village Laida In district Sambalpur (Orissa) to prosecute her studies and even thereafter she had been visiting him at Raipur. Krishna allegedly became pregnant through him but aborted on 16/2/1986. Dr. (Mrs.) K. Tiwari treated her at Raipur. The applicant further stated that the was with him in September and October, 1986. During this period, the applicant, in token of fidelity and marital bliss, purchased properties and opened bank accounts in her name. Thereafter Krishna went to her father at village Laida. Her father Laxmidhar Sahu and uncle Madan Mohan Sahu did not permit her to return back to him. The applicant was also not allowed to meet her. He received information that Krishnas marriage has been settled with one Shesh Deo Kaiwart and the marriage was to be performed on 18/1/1987. Therefore t