SAVITRA Vs. SUNIL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent heard both the sides for final disposal. The proceeding is filed against judgment and order of Criminal Revision No. 30/2009, which was pending in the Court of Additional Sessions Judge, Kandhar, District Nanded. This Revision was filed against judgment and order of Misc. Criminal Application No. 44/2008, which was pending in the Court of Judicial Magistrate, First Class, Kandhar. Before J.M.F.C, the proceeding was filed under section 125 of Criminal Procedure Code by the present petitioner/wife. The maintenance is refused to her and the revision filed against this decision of J.M.F.C. is dismissed by the Sessions Court. Both the sides are heard.

(2.) The parties are Hindus. Their marriage took place on 9.5.2004. On 25.11.2005 a son was born to the petitioner and he is in the custody of the petitioner. In the aforesaid proceeding, the maintenance at the rate of Rs. 1200/- per month is granted in favour of son and this decision has become final.

(3.) It is the case of the petitioner/wife that right from the beginning ill-treatment was given to her by the husband/ respondent and the relatives of the husband. She has contended that the husband and his relatives used to pick up quarrels with her on petty counts. It is her case that the husband and his relatives used to say that the petitioner was not able to do household work properly and her conduct was also not proper. It is her case that they used to give bating to her. It is her case that father of respondent died due to heart attack, but the respondent blamed the petitioner for the death of his father. It is her case that after the death of father of respondent, she was driven out of the matrimonial house and since then she is living with her parents.