SURESH CHANNAPPA SHETE Vs. LATA SURESH SHETE SOU

JUDGEMENT

(1.) THIS Criminal writ petition is filed by the petitioner/husband Suresh Channappa Shete, being aggrieved by the judgment and order dated 16th August, 1994 passed by II Additional Sessions Judge, Satara in Criminal Revision Application No. 208 of 1990.

(2.) BY the impugned judgment and order, the learned II Additional Sessions Judge, Satara, partly allowed the said Criminal Revision Application No. 208 of 1990 filed by the original applicant/wife Lata Suresh Shete. The said revision was filed by the original applicant Lata, being aggrieved by the judgment and order dated 1st of September, 1990 passed by the Judicial Magistrate, First Class, Satara, whereby, though application for maintenance under section 125 of Code of Criminal Procedure, 1973 came to be allowed by the learned Judicial Magistrate, First Class, the amount of maintenance which the husband was directed to pay to the wife, was only fifty Rupees per month and that too from the date of the order i. e. from 1st September, 1990. It was this part of the order, whereby, the original applicant/wife Lata felt aggrieved and approached the Revisional Court by filing the Criminal Revision Application No. 208 of 1990. It also has to be stated here that the non-applicant /husband Suresh also had filed Criminal Revision Application No. 223 of 1990, being aggrieved by the said judgment dated 1st September, 1990 passed by the Judicial Magistrate, First Class, Satara. However, by the impugned common Judgment dated 16th August, 1994, the II Additional Sessions Judge, Satara was pleased to dismiss the Criminal Revision filed by the husband.

(3.) FEW facts which are required to be stated are as follows: lata and Suresh, admittedly, were husband and wife and their marriage was solemnised on 22nd June, 1981 as per Hindu rites. It is the applicants case that after marriage, she was treated properly for a period of one year. However, thereafter, the opponent/husband and his family members started ill-treating applicant on the ground that she should bring four tolas of gold and Rs. 5,000/- from her parents. In order to satisfy these demands, the applicant had to send letters to her parents and to request them to give gold and money to the opponent and his parents. However, since the parents of the applicant were not able to give the gold and money, as demanded by the opponent and his parents, the opponent was disappointed and started assaulting the applicant. Attempts of mediation were made frequently. However, there was hardly any success. The ill-treatment of the applicant continued. Thereafter, the case of the applicant is that, by using force, the opponent obtained signature of the applicant on blank stamp paper. In fact, on 21st October, 1984, the applicants brother had given her two tolas of gold. The opponent took all the ornaments of the applicant and continued to assault the applicant. One Vithal Nethakar and Bhausaheb Patil, who were relatives of the opponent also were threatening her. The applicant was made to sit on motor cycle and she was taken to village Nagaon. On the next day, they brought her to Islampur S. T. stand and made her sit in the S. T. bus and gave the bus fare to the conductor. Thereafter, these persons ran away from the bus stand. Applicant, after reaching her parents place, sent notices dated 17th April, 1985 and 3rd May, 1985 to the opponent. She wanted opponent to take her back to his place and to give her assurance that he would not ill-treat her. It is also her case that on 19th May, 1985, the opponent got married with her niece at village Paluse.