PANDIT S/O. DEORAM PATIL Vs. SAU. JAYABAI

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India praying for quashing and setting aside the order passed by the Judicial Magistrate, First Class, Dondaicha, dated 2.2.2005, in Criminal Miscellaneous Application No. 62 of 2003 and the judgment and order, passed by the Sessions Judge, Dhule, dated 16.8.2005, in Criminal Revision Application Nos. 30 of 2005 and 59 of 2005. The facts, in brief, as are necessary for the decision of this petition, may be stated thus:-

(2.) The petitioner, being aggrieved by the said judgment, filed Criminal Revision Application before the Sessions Court at Dhule. The present respondent No. 1 Jayabai also, being aggrieved by rejection of her claim for maintenance, filed Criminal Revision Application before the Sessions Court. Both Criminal Revision Applications i.e. Criminal Revision Application No. 30 of 2005 and 59 of 2005 came to be decided by the Revisional Court by judgment, dated 16.8.2005. The Revisional Court dismissed both the Revisions confirming the order passed by the Judicial Magistrate, First Class, Dondaicha.

(3.) Shri P.B. Patil, learned counsel for the petitioner has urged before me that respondent No. 2 i.e. original applicant No. 2 admittedly was an illegitimate child of the petitioner, and consequently, was not entitled to claim maintenance. It is further urged before me that the quantum of maintenance i.e. Rs. 1,500/- per month is extremely onerous and quantum be reduced. Shri P.B. Patil, learned counsel for the petitioner has also urged before me that the petitioner is also required to pay maintenance to his wife, namely his first wife, and consequently, the quantum of maintenance awarded to respondent No. 2 be reduced.