RENUKABAI Vs. DATTABUWA

JUDGEMENT

(1.) Rule made returnable forthwith. By consent of parties, petition is heard finally. This proceeding is filed to challenge the judgment and order of Additional Sessions Judge, Hingoli given in Revision No. 25/10. The Sessions Court has set aside the order of maintenance made in favour of petitioner No. 1 by JMFC and the maintenance amount awarded to petitioner No. 2 is reduced by Sessions Court.

(2.) It is not disputed that petitioner No. 1 is the wife of respondent No. 1 and petitioner No. 2 is son born to petitioner No. 1 from respondent No. 1. Criminal Application No. 155/08 was filed by petitioners u/s. 125 of Cr.P.C. They had contended that they were driven out of house by present respondent and no provision for maintenance was made by respondent. As they had contended that they have no source of income and they are unable to maintain themselves, and as the respondent No. 1 failed to prove offence of adultery, the maintenance was granted in favour of both the petitioners by JMFC. The Sessions Court has set aside the order made in favour of wife by holding that the evidence on record is sufficient to prove that the wife was living in adultery. The maintenance amount granted to petitioner No. 2 is reduced by holding that present respondent No. 1 has no source of income and he is earning livelihood by virtually begging.

(3.) This Court has gone through the evidence given in defence by respondent No. 1. Respondent No. 1 has examined his son who was aged about 15 years to prove the adultery. Respondent No. 1 has given evidence of one specific incident on the basis of which he inferred that his wife was living adulterous life. The evidence given by the son of respondent No. 1 is very vague in nature. He did not refer to specific incident of adultery referred by respondent No. 1. The evidence of respondent No. 1 shows that on one occasion, when he returned home, he noticed that one person was sleeping in the room of his wife and he ran away after seeing respondent No. 1. The date of the incident is given as 12/10/2007 and it is the case of respondent No. 1 that he gave report in respect of the incident to police on 30/11/2007. He had filed Criminal Case No. 718/2007 in respondent of the said incident. In the criminal case, wife came to be acquitted.