VIMAL Vs. SUKUMAR ANNA PATIL

JUDGEMENT

(1.) The petitioner-wife filed an application under section 125 of the Code of Criminal Procedure in the Court of Judicial Magistrate, First Class, Jaisingpur, claiming maintenance allowance at the rate of Rs. 300/- per month from the respondent No. 1, Sukumar A. Patil, her husband. It is an admitted position that the petitioner is the legally married wife of the respondent-Sukumar and their marriage took place as per Hindu ritse on 24th May, 1967. According to the petitioner-wife after the marriage they resided together for a period of two years. Thereafter there were frequent quarrels between the husband and wife and ultimately the respondent-husband drove her out of the house and has forsaken her. In her application she had also made allegations about the ill-treatment meted out to her by her husband. It is also her case that the respondent-husband has remarried with one Rajamti daughter of Jingonda Patil and the said Rajmati is residing with him at Jaisingpur. It was further alleged by her that a daughter was born to the respondent-husband from Rajmati and, therefore, on this ground also she is entitled to claim maintenance allowance under section 125 of the Code of Criminal Procedure. She further alleged that though respondent-husband is a man with sufficient means he has neglected and refused to maintain her. She also stated that she has no source of income and, therefore, she is unable to maintain herself.

(2.) In the written statement respondent-husband denied the allegations made by the petitioner-wife. The respondent-husband denied the fact that he had ever ill-treated his wife or has driven her out of the house. He further denied the allegation about the re-marriage with Rajmati. He also stated that it is not possible for him to pay an amount of Rs. 300/- per month as maintenance allowance to the petitioner-wife. Thus in substance the respondent-husband denied all the allegations made in the application.

(3.) In support of her case the petitioner-wife examined herself, and her brother Appasaheb and Dr. Bhirdi. She also produced documentary evidence in support of her case, namely an entry from the birth register maintained by the Municipal Council of Jaisingpur about the birth of female child to Rajmati and an extract from the Electoral Roll as well as 7 x 12 extract relating to the landed property of the respondent-husband.