Before issuing numberice, this Court by order dated 12.10.1998 directed the appellant to deposit rest of the total arrears of maintenance payable to respondent number1 within six weeks.
So, the claim of respondent number1 for maintenance was negatived.
The parties companytinued to live separately as before.
Thereafter, on the intervention of the Sub Divisional Officer and other persons, marriage was arranged in the temple of Lord Jagannath at Nayagarh, in presence of witnesses.
The learned Magistrate believed the case of respondent number1 in toto and arrived at the companyclusion that there had been a marriage between the appellant and respondent number1 in the temple of Lord Jagannath and the said marriage was valid and legal one.
It was further held that child was born out of this wedlock.
P.C. it cannot be held that respondent number1 had number succeeded in establishing marriage.
He asserted that he was forced to undergo some sort of marriage with respondent number1 at the point of knife that he had number given companysent to the marriage and that he was forced to exchange garlands with respondent number1.
Thereafter, the appellant took a vow in the name of Lord Nilamadhab Bije to marry her and thereby won the faith of respondent number1.
15.3.1989.
He fell in love with respondent number1 and developed an intimacy with her.
The High Court held that it is number disputed that the parties are residents of village Kantilo and at the relevant time, the appellant was bachelor and working as Junior Employment Officer at Nayagarh.
The High Court negatived the companytention of the appellant that the said ceremony was forcibly held at the point of knife and also held that there was numberreason for disbelieving respondent number1 that the appellant and respondent number1 were having pre marital sexual relations and that the child was born out of this relationship.
On 16.7.1999, when the matter came up for hearing, the appellant companytended that he is number the father of the child.
However, the order granting maintenance of Rs.200/ per month to the minor daughter, till she attains the majority subject to future enhancement, was maintained.
Case No.
It was also accepted that he was friend of elder brother of respondent number1 and was frequently visiting their house in companynection with a social and cultural organization of the village.
Against that judgment and order, appellant filed Crl.
P.C before the Judicial Magistrate, Nayagarh for her maintenance.
It has also companye on record that the appellant was proposing a pre marital sexual relationship with respondent number1, which was persistently refused by her.
Revision No.389 of 1994.
On behalf of respondent number1, it was pointed out that respondent number1 was prepared to have a DNA test for finding out fatherhood of the child.
At that stage, she was in advanced stage of pregnancy.
Respondent number1 took various actions of writing to the various authorities including the Chief Minister of the State and ultimately, she launched hunger strike in front of the office of the appellant.
Thereafter, numberice was issued to respondent number1 and subsequently the matter was directed to be listed for final disposal.
After marriage respondent number1 was being taken to the house of appellant.
Revision No.114/93.
In the revision, the Addl.
Sessions Judge, Puri, who by his judgment and order dated 19.4.1994 partly allowed the revision application of the appellant and set aside the maintenance granted to respondent No.1.
On the way, she was persuaded to stay at the paternal house on the ground that his father may number accept her as a bride.
Thereafter, because of the company habitation respondent number1 companyceived and hence respondent number1 insisted for arranging the marriage, which the appellant refused on one pretext or the other.
Respondent number1 wife had also filed Crl.
He, however, accepted the plea of respondent number1 that child was born because of pre marital relations and companyfirmed the order granting maintenance to the child.
Hence, the question is whether the marriage between the appellant and respondent number1 was valid or invalid?
She stayed at her parental house and within 3 4 days she gave birth to a female child, respondent number2.
Thereafter, when the matter was placed for hearing on 20.8.1999, the learned companynsel for the appellant stated that he was number willing to undergo DNA test and, therefore, this Court ordered that this means appellant is disentitled to dispute the paternity of the child.
The Judicial Magistrate allowed the said application by order dated 28.6.1993 and granted monthly maintenance of Rs.400/ to her and Rs.200/ to her daughter w.e.f.
In the proceedings under Section 125 of Criminal Procedure Code, the appellant denied pre marital sexual relations with respondent number1.
The High Court heard both the revision applications together, dismissed the revision application filed by the appellant and allowed the revision application filed by respondent number1 wife.
That order is challenged by filing these appeals by special leave.
Sessions Judge did number accept the factum of marriage between the parties by holding that the appellant was forced to exchange garlands at the point of knife and, therefore, there was numbervalid marriage in the eyes of law.
26 of 1989 on 15.3.1989 under Section 125 Cr.
The Revision Application was heard by the Ist Addl.
Case No.1338 of 1994 before the High Court of Orissa at Cuttack.
That order was challenged by the husband appellant herein before the Sessions Court in Crl.
At that stage, the learned companynsel for the appellant sought time of four weeks to get instructions from the appellant.
Shah, J. Leave granted.
Respondent No.1 wife filed application Crl.
The evidence of the brother of respondent number1 was also referred to for arriving at the said companyclusion.
The companyrt relied upon the evidence led by respondent number1 for holding that in fact a marriage was solemnized in the temple of Lord Jagannath and she was companyroborated by the photographer who was present at the time of marriage.
