DHONDANBAI Vs. NANA DAMODAR ALBAT

JUDGEMENT

(1.) The petitioner-wife is challenging the legality of the judgment dated May 2, 1981 recorded by the Extra Additional Sessions Judge, Ahmednagar reversing the order dated May 19, 1980 passed by the Chief Judicial Magistrate, Ahmednagar awarding maintenance amount at the rate of Rs. 75/- per month from the date of the institution of the application to the wife.

(2.) Only few facts are required to be stated to appreciate the grievance of the petitioner-wife. The petitioner married the respondent No. 1 in Gandharva form of the marriage in the year 1964. The Gandharva form of marriage was adopted as both the petitioner and respondent No. 1 were divorces. The petitioner and respondent No. 1 lived together for about 15 years. In the year 1979, the petitioner claims that respondent No. 1 started having relations with his first wife Kanthabai to whom he had earlier given divorce. That relation led to the ill-treatment of the petitioner and she was driven out of the house. The petitioner thereupon filed the proceedings under section 125 of the Code of Criminal Procedure on March 6, 1979 claiming that respondent No. 1 is earning an amount of Rs. 500/- per month.

(3.) The proceedings were resisted by respondent No. 1 on various grounds by filing written statement at Ex. 7. The respondent No. 1 denied that he had married with the petitioner and claimed that he had never divorced his first wife Kanthabai. Respondent No. 1 also claims that the petitioner had not divorced her first husband and the petitioner was working as a maid servant on the salary of Rs. 10/- per month. On the question of earning respondent No. 1 claimed that he earns Rs. 150/- per month and has to maintain a large family.