KASTURBAI BALBHIM CHOUGULE Vs. BALBHIM BAPU CHOUGULE

JUDGEMENT

(1.) Petitioner is the wedded wife of Respondent No. 1. She has applied for the grant of maintenance under section 125 of the Code of Criminal Procedure on the ground that the Opponent-Respondent No. 1-was starving here and confined her into the house for sometime. On account of this wrongful confinement her mother was informed and the parents of Petitioner took out a warrant to search the Petitioner. The Petitioner further says that the Opponent is addicted to vices and he has deliberately refused and neglected to maintain her. Petitioner has stated that the offer which was made by the Opponent showing that he is willing to take her back is also not bona fide.

(2.) This application was opposed by the Opponent-Respondent No. 1-and denied all the allegations. The learned 'Magistrate raised three issues and they are as follows :-

(3.) Whether case has been proved beyond reasonable doubt ?" All these issues were answered in favour of the Petitioner by the learned Magistrate and he granted maintenance allowance of Rs. 50 per month by his order, dated the 8th October, 1980.