VISHNU Vs. ADHIKA

JUDGEMENT

(1.) Heard extensively. Rule was issued on 3rd December, 2003. Respondent - Sow. Adhika filed maintenance proceedings under Section 125 Code of Criminal Procedure, vide application No. 171/1993, and maintenance of Rs. 200/- p.m. was granted to her. Said order was questioned in Criminal Revision Application No. 86/1996 before the learned Additional Sessions Judge at Osmanabad. The revision was allowed. The matter was remanded for fresh trial to the learned Judicial Magistrate First Class. It was dismissed on 8th March, 2001. The respondent feeling aggrieved by the said judgment, challenged it in revision before Court of Sessions at Osmanabad being Criminal Revision No. 173/2001, wherein maintenance @ Rs. 250/- p.m. was granted to the respondent. Same is questioned by the petitioner - Vishnu.

(2.) The ground of challenge is, a without any authority, learned Additional Sessions Judge extended monetary benefit of maintenance oblivious to the fact that Regular Civil Suit No. 10/1995 was decreed on dated 11th January, 1995 by learned Civil Judge, Junior Division, Bhoom. Respondent has waived her rights of maintenance from Vishnu. Compromise Pursis (Exhibit-9) in the said RCS No. 10/1995, according to learned Counsel, has reached finality and hence, there could not have been adverse opinion, that too in revision, by the learned Additional Sessions Judge.

(3.) According to Mr. Mahajan, once consolidated or lump sum maintenance was released and compromise in RCS No. 10/1995 was recorded, it was expected of the Respondent to withdraw the maintenance proceedings pending at Paranda. The decree is binding on her.