DNYANESHWAR BABURAO GOREL Vs. SAU KAMAL DNYANESHWAR GOREL

JUDGEMENT

(1.) THIS criminal revision application has been placed before us on a reference made in that behalf by the learned single Judge of this Court for decision on the question as to the procedure and interpre- tation of sub-section (3) of Section 125 of the Code of Criminal Procedure.

(2.) THE material facts which gave rise to the filing of the revision application by the petitioner husband are as follows: The wife filed an application under Section 125 of the Code of Criminal Procedure (for short 'the Code') claiming maintenance allowance for self and for and on behalf of her minor daughter against the petitioner. The learned Judicial Magistrate, First Class, Kirkee, Pune, by order dated 6/07/1987, granted maintenance only to the minor daughter at the rate of Rs. 1001- per month and rejected the wife's application for maintenance allownce on the ground that she was not the legally wedded wife of the petitioner for she married him when his first marriage was subsisting. The wife, however, filed revision application before the Sessions Court, Pune, and prayed for setting aside the order of the trial Magistrate rejecting her claim and also for enhancement of quantum of the monthly maintenance allowance at the rate of Rs. 250/- per month for self and Rs,200/- per month for her daughter. By order dated 21/10/1988 the Sessions Court allowed the revision application of the wife and granted maintenance to the wife and her daughter at the enhanced rate of Rs. 250/ - per month and Rs. 200/- per month respectively.

(3.) THEREAFTER, on failure of the petitioner to comply with the order granting maintenance allowance to the wife and the daughter, an application was filed on 12/03/1989 by the wife for recovery of the amount of maintenance allowance. That application was opposed by the petitioner husband. It appears that the said application was, however, transferred to the Family Court on its constituting and establishing at Pune.