SUSHILA Vs. NAMDEO

JUDGEMENT

(1.) THIS is an application filed by the applicant challenging the order passed by the Additional sessions Judge, Nagpur on 19. 8. 1989 in Criminal Revision Application No. 1098/85. That criminal revision application was directed against the order passed by the Judicial Magistrate, first Class Nagpur on 6. 5. 1985 in Criminal Case No. 95/83.

(2.) BY the order passed by the learned Magistrate, an amount of Rs. 300/- per month was awarded to the present applicant who was the wife of the non-applicant. It is this order awarding maintenance that was set aside by the learned Additional Sessions Judge and aggrieved by this decision the present application has been filed.

(3.) THE marriage between the applicant and non-applicant no. 1 took place sometime in the year 1974, 4 years later, an application bearing Misc Criminal Case No. 30/78 came to be filed by the applicant against the non-applicant no. 1 in the Court of Judicial Magistrate, First Class, Arvi, district Wardha. Maintenance amount of Rs. 75/- per month was awarded to the applicant from the date of the application. Revision Application No. 38/79 was preferred by the non-applicant no. 1 to the Sessions Court which came to be rejected. It was the case of the applicant that she was persuaded to go back to the non-applicant no. 1 and after her stay of 3-4 months there, she was again reached back to her father's house. Later Petition bearing No. 95/81 was filed by the non-applicant no. 1 in April 1981 against the applicant on the ground that she had deserted him. This was decreed on 30. 7. 1983 and a decree for divorce was passed against the applicant. It is after this decree that the applicant filed an application for maintenance in the Court of Judicial magistrate, First Class, 4th Court, Nagpur and out of which proceeding, the present application has arisen.