KANTABAI BHAURAO GAWARE Vs. BHAURAO TATYABA GAWARE

JUDGEMENT

(1.) IN this petition, the judgment and order dated 6th August, 1994 passed in Criminal Revision Application. 147 of 1992 by the Additional Sessions Judge, Nashik, has been challenged.

(2.) THE Petitioner Kantabai Bhaurao Gaware got married to the respondent Bhaurao Tatyaba Gaware about 35 years ago at Mouje, Musalgaon Taluka, Sinner. It appears that she stayed with her husband, the respondent herein, until she delivered the first daughter Lata. She alleged that she was not treated properly and, therefore, she left the matrimonial home. This took place in or about the year 1961.

(3.) AFTER a lapse of more than twenty five years, the petitioner filed a maintenance petition under the provisions of Section 125 of the Code of Criminal Procedure against the respondent. In this petition, the petitioner alleged that the marriage between the petitioner and husband still subsists; that the respondent has now got railway service and is drawing Rs. 3000/- per month, and that the respondent has married second woman. Respondent - husband, in reply, disowned the second child. It was alleged by the respondent that in the year 1961, the petitioner left the matrimonial home; that inspite of his efforts, she did not come back; that she lived adulterous life and delivered the second child by name Rama.