KASTURIBAI VENKAT PATIL Vs. VENKAT VISHWAMBAR PATIL

JUDGEMENT

(1.) RULE. By consent, Rule made returnable forthwith. By consent, heard finally.

(2.) The petitioner, claiming to be the wife of the respondent, filed an application for maintenance as contemplated u/s 125 of the Code of Criminal Procedure, for herself and for her minor daughter - Gayatri. The learned Magistrate, after holding due inquiry in the matter, directed the respondent to pay maintenance @ Rs.800/- p.m. to the petitioner and @ Rs.400/- p.m. to the said Gayatri. The respondent approached the Sessions Court by filing revision application challenging the order of maintenance, passed by the learned Magistrate. The learned Additional Sessions Judge, Biloli, District Nanded, who heard the revision application, allowed the same, partly. The learned Additional Sessions Judge cancelled the order of maintenance so far as it related to the petitioner herein, but maintained the order directing the maintenance to be paid to the minor daughter Gayatri. The petitioner is aggrieved by the order passed by the Additional Sessions Judge in revision, and has approached this Court invoking its Constitutional jurisdiction.

(3.) The matter has been pending before this Court since the year 2011 and on 23.1.2012 itself the Court had indicated that the petition would be disposed of finally at the admission stage, itself. In fact, Record and Proceeding have also been called for.