HEMCHANDRA SHRIDHAR NAIR Vs. HEMANGI HEMCHANDRA NAIR

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India filed by the husband challenging the order passed by the learned Additional Sessions Judge, Bombay on December 12, 1980 in Criminal Revision Application No. 226 of 1980.

(2.) The respondent-wife made an application against the petitioner-husband claiming maintenance under section 125 of the Code of Criminal Procedure. The rate of maintenance demanded by her was Rs. 300/- per month. It was averred by the respondent-wife that the marriage between the parties took place on November 27, 1978 at Bombay. They were residing together for some months. It was alleged that the petitioner-husband was on visiting terms with one lady named Meera. The respondent-wife object to his relationship with Meera. The petitioner got annoyed. The members of the family of the petitioner also humiliated her. The first respondent wife was ill-treated and ultimately in June 1979 she was taken to his village by the petitioner and left there. The petitioner did not turn up to take her back. With the help of paternal uncle of the first respondent, she made an attempt to enter the matrimonial house, but she was refused by the petitioner and thereafter the first respondent-wife was physically driven out of the house with a threat not to return back. It is alleged that the respondent-wife was also threatened by the petitioner that if she returned he will commit suicide. It is also alleged that since that day the respondent-wife is living in Bapnu Ghar. It is averred that the petitioner-husband is in service photophone Private Limited Company and gets monthly income of Rs. 750/-. The respondent-wife claimed a sum of Rs. 300/- per month showing ability to maintain her. This application was filed on September 26, 1979.

(3.) The application was resisted by the husband-petitioner. There is no specific plea stating that the application made by the wife suffers from omissions to allege that she is unable to maintain herself. The petitioner denied all the allegations. He also denied that he has got relationship with Meera. The petitioner complained that the wife could not adjust herself with the of the petitioner. He also showed his willingness to take her back on condition that she gives an assurance for her behaviour. Lastly, the petitioner prayed for dismissal of the application.