SOW LEELABAI ARUN PATHANGARE Vs. ARUN DEORAM PATHANGARE

JUDGEMENT

(1.) THESE three Criminal Writ Petitions arise out of proceedings under Section 125 of the Code of criminal Procedure initiated by the wife-petitioner in Writ Petition No. 56 of 1993 against her husband, who is also petitioner in companion Writ Petition Nos. 395 and 396 of 1992.

(2.) THERE involves a common question of facts and law and, therefore, these petitions can be disposed of by common judgment. The material facts giving rise to these writ petitions may be stated as follows : the petitioner-wife married the respondent-husband on May 5, 1981 according to Hindu rites and customs. She stayed with the respondent-husband till September 9, 1984. She was, however, said to have been driven out of her matrimonial home. She, therefore, filed an application under section 125 of Code of Criminal Procedure on April 22, 1985 claiming maintenance from the respondent-husband at the rate of Rs. 500/- per month. The acts and accusation of the petitioner-wife against the husband-respondent consist of mental cruelty, charge of infedility of the respondent of having illicit relations with other ladies after marriage and charge of impotency qua to the petitioner. The petitioner-wife also referred to an instance of elderly member of the respondent's family launching a criminal complaint against her for having committed offence of destroying the house by fire.

(3.) THE respondent-husband filed his written statement and denied the aforesaid allegations. According to the respondent, the petitioner-wife is a quarrelsome women. Since the date of marriage she has been indulging in quarrels with members of his family. She used to give threats to life and property. She has left matrimonial home of herself and she has refused to come back even though he has made several attempts to bring her back to his house.