AMBADAS BAJIRAO Vs. ANNAPURNA BAI

JUDGEMENT

(1.) THE applicant Ambadas was ordered under Section 488, Criminal P. C. by the First Class Magistrate, Nagpur, to pay Rs. 40-0-0 per mensem as maintenance to his wife Annapurna-bai (non-applicant); and his appln. for revision of that order was dismissed by the First Additional Sessions Judge, Nagpur. He has now come up in revision to this Court.

(2.) THE parties were married over 25 years ago and had no issue. The applicant remarried in 1935 and his second wife, who was also childless, died in 1945. Shortly afterwards, he married again and had a daughter. For the last 3 years, the non-applicant lived separately in a portion of his house; and her case was to the effect that he ill-treated her on several occasions. Finally, according to her, he on 5. 1. 1950 attacked her and drove her from the house. On 8. 5. 1950, he falsely reported to the police that she had stolen ornaments from him.

(3.) HIS version was that she began of her own volition to live separately from him in the house, although she was well provided for, that she left the house of her own accord and that she took with her cash and ornaments. He denied that he had maltreated her or expelled her from his house, but he admitted that he had made a report against her to the police in respect of the theft of ornaments. He expressed his willingness to keep her in his house, if "she at all wants to live with him as a good wife. "