RAMKRUSHNA SOMAJI NADEKAR Vs. MANJUSHA

JUDGEMENT

(1.) The short question involved in the present case is, whether a wife having flouted decree for restitution of conjugal rights for no justifiable reason, is entitled to claim maintenance

(2.) Marriage between applicant and respondent no. 1 took place on 19.6.2000. Out of wedlock, the couple is begotten with son. Since respondent no. 1-wife left the matrimonial home for her parental house for no justifiable reason and she was not joining back though repeated calls were given by the applicant husband, applicant was constrained to file a petition for restitution of conjugal rights (Civil Suit No. 150A/03) before the Court at Chindwara. The Additional District Judge, Chindwara was pleased to grant decree for restitution of conjugal rights vide judgment and order dated 1.9.2005. According to the applicant, inspite of the said decree and repeated calls from him, respondent no. 1 failed to join his company as his wife. On the contrary, she filed Misc. Criminal Application No. 36 of 2004 before the Judicial Magistrate, First Class, Narkhed for grant of maintenance under Section 125 Cr. P. C. for herself and for son Himanshu. Learned Magistrate vide judgment and order dated 9th January 2008 rejected the application of respondent no. 1 for grant of maintenance on the ground that she failed to join the company of applicant husband despite decree from the competent court and repeated calls from the husband as also for no justifiable reason. Order of the Magistrate granting maintenance allowance to son Himanshu is accepted by the applicant husband.

(3.) In revision (Criminal Revision No. 218 of 2008) the Additional Sessions Judge upset the order of learned Magistrate vide judgment and order dated 20.2.2009 and by allowing the application of respondent no.1 wife, present applicant husband is directed to pay maintenance allowance of Rs. 1000/per month to her. It is this order which is sought to be challenged via the present application.