JUDGMENT
J. Das, J.
1. This Criminal Miscellaneous Case arises out of the order dated 27-2-1988 passed by Sri A.B. Naidu, Sub-divisional Judicial Magistrate, Jagatsinghpur in Misc. Case No. 15 of 1987 allowing interim maintenance @ Rs. 150/- per month in favour of the petitioner-Manjukta Nayak (opp. party in this case).
2. The petitioner (opp. party) claims that she is the legally married wife of the opp. party (petitioner) Rabindranath Nayak and their marriage was solemnised in the year 1978 and on 10-9-1980 a child was born out of their wed-lock. The petitioner (opp. party) further asserted that she has been neglected by the opp. party (petitioner) and ill-treated by him and as a result of that she is staying with her father since 1980. In these circum stances, the petitioner (opp. party) claimed maintenance and also prayed for interim maintenance @ Rs. 300/- per month till disposal of the case.
3. The opp. party (petitioner) filed objection stating that there is no relationship of husband and wife between him and the petitioner (O.P.).
4. The trial Court after taking into consideration the materials on record came to the finding that there are materials to show prima facie that the petitioner (opp. party) is the legally married wife of the opp. party (petitioner). On the basis Of such finding, the lower Court directed the opp. party (petitioner) to deposit a sum of Rs. 150/- per month in the Court on the 10th day of each month till disposal of the Misc. Case, and it was further directed that the petitioner (opp. party), shall withdraw the amount after giving an undertaking to refund the amount in ease her claim of maintenance is disallowed.
5. After hearing argument from both sides and on perusal of the materials on record and the impugned order, I find that the lower Court has taken into consideration the discharge certificate granted by the Medical Officer, ESI Hospital, Choudwar and a letter written by the opp. party (petitioner) to the father of the petitioner (opp. party). The letter written by the opp. party (petitioner) Rabindranath Nayak clearly goes to show his relationship with the petitioner (opp. party) Manjukta Nayak. It has also been clearly mentioned in the certificate granted by the Medical Officer, E.S.I. Hospital, Choudwar that Manjukta Nayak is the wife of the petitioner (opp. party) Rabindranath Nayak. For the time being these documents are sufficient for a prima facie case that the claim of the petitioner (opp. party) has a valid basis and hence the interim maintenance granted in this case is quite justified and I find no reason to interfere with the same.
6. In the result, there is no merit in the Criminal Misc. Case and the same is dismissed. Send back the lower Court record forthwith. It is directed that the Misc. Case shall be disposed of by end of March, 1990. It is further directed that the petitioner Rabindranath Nayak shall pay the maintenance dues including the arrears accrued till date till disposal of the Misc. Case and on failure to pay the same, the opp. party Manjukta Nayak can realise the same by filing Execution Case. The parties are directed to appear in the lower Court on 15th November, 1989.