DNYANBA Vs. VARSHA

JUDGEMENT

(1.) Present petition has been filed by the original respondent husband invoking the constitutional powers of this Court under Article 227 of Constitution of India to challenge the Judgment and order dated 15-01-2018 by learned Sessions Judge, Parbhani in Criminal Revision No.11 to 2015 thereby rejecting the revision and confirming the Judgment and order dated 13-01-2015 passed by learned Judicial Magistrate First Class, Court No.2, Jintur District Parbhani in Miscellaneous Criminal Application No.08 of 2012.

(2.) The present respondents are the wife and children of present petitioner. The respondents had filed Miscellaneous Criminal Application No.08 of 2012 against the present petitioner seeking maintenance under Section 125 of Code of Criminal Procedure. It was contended that, the applicant No.1 (hereinafter referred to as 'wife') got married to respondent husband about 12 years prior to the filing of the application. Their marriage is still subsist. It was her contention that, the wife was treated properly for about five years, but thereafter the husband got addicted to liquor, and he also started suspecting the character of the wife. He used to beat her under the influence of liquor. He also started making unlawful demand of Rs.5 lakh to purchase plot and agricultural land, thereby he was mentally as well as physically harassing her. Ultimately she started residing separately from the husband with her children. However, respondent husband refused and neglected to maintain them, hence the application was filed. It is not in dispute that, the respondent husband is primary teacher and was earning around Rs.25000/- per month.

(3.) Husband resisted the application by filing reply. He denied the allegations about cruelty and unlawful demand. He levelled allegations that the wife is living in adultery with Santosh Harichand Jadhav. Said Santosh had assaulted him on 10-01-2011 and tried to kill him by hanging, and the matter is then reported to police. He had filed petition for divorce before Court at Washim and also sought petition seeking custody of the children. Wife has made false complaint under Section 498-A of Indian Penal Code against him and his relatives he, therefore, contended that the wife is not entitled to get maintenance.