GLORIO FABIANO DIAS Vs. SMT. LUCIA DIAS

JUDGEMENT

(1.) By this Writ petition, the petitioner has challenged order dtd. 8/1/2015, passed by the Court of Additional Sessions Judge, Mapusa, whereby revision application filed by the respondent no.1 was partly allowed and the petitioner was directed to pay maintenance of Rs.3000.00 to the said respondent from the date of the order of the Magistrate.

(2.) In the present case, the respondent no.1 had approached the Magistrate by filing an application under Sec. 125 of Criminal Procedure Code (CrPC), seeking maintenance for herself and minor child.

(3.) The case of the applicant was that she was required to leave the matrimonial house due to harassment and threats, as also false allegations of adultery levelled by the petitioner. It was claimed that the respondent no.1 was unable to support herself and that therefore, the petitioner was liable to pay amount towards maintenance to the respondent no.1 as well as the minor child. The petitioner resisted the said application, claiming that the respondent no.1 had, on her own volition, left the matrimonial house and she had taken all the valuables including vehicles i.e. Toyata qualis (four wheeler) and also a two wheeler along with her. It is claimed that respondent no.1 was plying the said four wheeler as a taxi and she had enough monthly income from the said source. It was further alleged that the respondent no.1 had indulged in adultery and therefore, she had disentitled herself for maintenance in the application under Sec. 125 of the Cr.P.C.