SAU RANJANA SHIVAJI RAKHPASARE Vs. SHIVAJI BAPU RAKHPASARE

JUDGEMENT

(1.) THE petitioner is hereby assailing correctness, propriety, and legality of the judgment and order passed by the judicial Magistrate, F. C. , Court No. 9, Pune in the matter of Criminal Misc. Application no. 18/1994, which was set aside by the 6th Additional Sessions Judge, Pune.

(2.) THE facts giving rise to the Misc. Petition can be stated as mentioned hereunder in brief: the present petitioner married with respondent Shivaji Rakhpasare on 29-11-1992 at Pashan, Pune and started cohabiting with him thereafter. She was thereafter left in her parents house by the mother of shivaji Rakhpasare, her husband. There were attempts to see that these spouses should cohabit as husband and wife amicably but it failed. The petitioner was pregnant, but there was miscarriage and the medical. practitioner who examined her opined that the said miscarriage was caused on account of lifting of heavy articles. That was correlated by the petitioner with the work of fetching water from water canal, which was at a distance of 100 meters from the house of Shivaji Rakhpasare. The petitioner also alleged that during her stay at her husbands house, she was ill-treated by her husband Shivaji and his parents on account of non-payment of dowry articles and a quarrel took place as alleged by the petitioner between the parents of Shivaji and parents of petitioner Rajana.

(3.) BOTH Ranjana and Shivaji examined witnesses in support of their respective cases. The learned Magistrate found that ranjana, present petitioner proved that she was treated with cruelty and was neglected by Shivaji Rakhpasare. He also held that she did not have means to maintain herself and shivaji, an able bodied person, failed to maintain her. Therefore he directed that shivaji should pay alimony to Ranjana at the rate of Rs. 300/- per month from the date of petition i. e. 8-3-1994.