NAMDEO Vs. SEEMA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the admission stage.

(2.) A challenge in this petition is to the order passed by the learned Additional Sessions Judge, Beed dtd. 30/11/2016, passed in Criminal Revision No.138 of 2015, thereby dismissing the revision application. The revision was filed challenging the judgment and order passed by the learned Judicial Magistrate, First Class, Ashti dtd. 29/9/2015 in Criminal Misc. Application No.38 of 2013. By the said order, the learned JMFC had granted maintenance under Sec. 125 of the Criminal Procedure Code to respondent Nos.1 and 2 i.e. husband and daughter at the rate of Rs.2000.00 and Rs.1000.00 per month respectively.

(3.) Respondent No.1-wife filed an application under Sec. 125 of the Cr.P.C. seeking maintenance for herself and daughter, who was aged 5 1/2 months at the time of filing of the application. It is case of the wife that the husband did not maintain her well and driven her out of the house on 20/4/2012. There was demand of Rs.25,000.00 to buy a bullock cart. The wife was required to file complaint under Sec. 498-A of the Indian Penal Code. She delivered a daughter on 15/8/2012. However, inspite of that the petitioner-husband is not taking care to maintain the wife and the daughter. The petitioner lives in a joint family having 16 acres land at village Umapur and 24 acres land at Kumbe Jalgaon, in which the husband has 1/5th share. Out of the said property, the petitioner-husband is getting income of Rs.2.00 lakhs per year. In addition to that the father of the husband is a priest in a temple at Borgaon. The temple is having 10 acres of land, that is looked after by the father of the husband and from that land also family gets considerable income.