AMBADAS GANGADHAR SHETYE Vs. MALABAI AMBADAS SHETYE

JUDGEMENT

(1.) Rule was issued on 30th Sept., 2010, with Ad interim relief. The petitioner Ambadas has questioned the order of maintenance at the rate of Rs. 1500/- per month to respondent Smt. Malabai, by order in Criminal Revision Application No. 203/2009 dated 4th Dec., 2009.

(2.) The gravamen of submissions is, the petitioner and Smt. Malabai had already subsisting spouse, there being no severance of their earlier relations, Smt. Malabai could not stake a claim for maintenance allowance under Section 125 of Cr.P.C.

(3.) The learned Judicial Magistrate, First Class, in paragraph no. 11 of the order, evaluated and assessed the evidence which made him to decline maintenance as the respondents accepts her marital relations with Jagdish Hari Patil, 30 years prior to 30th Dec, 2007, and out of the said wedlock, she has delivered four children. She did not venture of its dissolution.