(1.) Rule. By consent, rule made returnable forthwith. Heard both the sides for final disposal. Both the proceedings are filed against the judgment and order of Criminal Revision Application No. 226 of 2008, which was pending in the Court of Sessions, Jalgaon. The Judicial Magistrate, First Class had refused maintenance in the proceeding bearing Criminal M.A. No. 621 of 2001 which was filed under Section 125 of Criminal Procedure Code by the wife. The Sessions Court allowed the revision of the wife by setting aside the judgment of J.M.F.C. The Sessions Court has granted maintenance at the rate of Rs. 1,000/- per month. As the Sessions Court has made the maintenance payable from 18.7.2008, which is the date of decision of the proceeding, which was filed under Section 125 of Cr.P.C. before J.M.F.C., Criminal Writ Petition No. 762 of 2011 is filed by the wife. It is the case of wife that she is entitled to get maintenance right from the date of application i.e. 11.10.2001. As the judgment and order of J.M.F.C. is set aside and maintenance is allowed to the wife in revision, this decision is challenged by husband in Criminal Writ Petition No. 593 of 2011.
(2.) The parties are Hindus. Their marriage took place in the year 1988 and there was cohabitation till 1996. It is the case of wife that the husband was saying that he had not approved her for the marriage and the marriage was settled against his wish. It is her case that the relatives of the husband were also giving ill-treatment to her and they were even assaulting her. Two issues were born during the cohabitation. It is the case of the wife that husband and his relatives were not happy as she gave birth to two daughters. It is her case that on 24.9.1996 severe beating was given to her and she was instigated to commit suicide. It appears that she had set herself on fire and she sustained 67% burn injuries. Out of this incident, she gave report to police and case under Section 498A of I.P.C. was filed against the husband and his relatives. It is her case that after this incident, she was sent to the house of her parents by the husband. It is her case that the custody of two daughters was taken forcibly by husband from her.
(3.) It is the case of wife that the husband has deserted her and he is not ready to accept her in matrimonial house. It is her case that she and her relatives made many attempts to convince the husband, but the husband is insisting that the case filed under Section 498A of I.P.C. must be withdrawn first. It is her case that the husband has not made any provision for her maintenance and she has no source of income to maintain herself. It is her case that her husband is in the business of paint, he owns irrigated agricultural land and he owns a tractor bearing No. MH-15/N-7581. It is her case that the annual income of husband is more than Rs. five lakhs. She had claimed the maintenance at the rate of Rs. 1500/- p.m. Maintenance at the rate of Rs. 1000/- p.m. is granted to her.