VIKRAM KARBHARI DAKHANE Vs. APRUKBAI

JUDGEMENT

(1.) This criminal application is directed against the judgment and Order dated 11-5-1983 passed by the learned Sessions Judge, Ahmednagar dismissing the Criminal Revision Application No. 141 of 1981 against the Judgement and Order dated 20th June, 1981 passed by the learned J.M.F.C. Ahmednagar, Court No. 3 in Criminal Misc. Application No. 168 of 1980 directing the petitioner to pay maintenance at the rate of Rs. 100/- per month to his wife, respondent No. 1, Aprukabai, and respondent Nos. 2 to 4 at the rate of Rs. 50/- per month, from the date of the application.

(2.) The undisputed facts are that respondent No. 1 (original applicant No. 1) is wife of petitioner Vikram and during the wedlock the couple had three children, viz. Chandrabhagabai, Mandabai and Nandabai (respondents Nos. 2 to 4). The respondent No. 1 for herself and for and on behalf of respondent Nos. 2 to 4 filed an application under section 125 of the Code of Criminal Procedure for maintenance on the ground that the petitioner had started-ill treating her after birth of respondent No. 4. She also averred that the petitioner had contracted second marriage on 12-12-1980 with Sakarabai at Shingori Taluka, Shevgaon and his second wife resided with him at his house and she delivered one female child from the petitioner.

(3.) The learned J.M.F.C. after considering the evidence adduced by the parties held that the petitioner wilfully refused and neglected to maintain respondents Nos. 1 to 4 and therefore, he ordered the petitioner to pay maintenance as mentioned above.