MANGALA ARVIND CHAVAN Vs. ARVIND SHANTARAM CHAVAN

JUDGEMENT

(1.) THE petitioner has approached this Court under section 482 of the Code of Criminal Procedure challenging the order, dated 7-6-1988, passed by the learned 2nd Additional Sessions Judge, Ahmednagar in Criminal Revision Application No. 199 of 1985 on his file, rejecting her claim for maintenance under Section 125 of the Code of Criminal Procedure.

(2.) THE marriage of the petitioner with the Respondent No 1 has taken place on 4-5-1984. It is alleged that at the time of marriage and immediately thereafter, the husband and his father started demanding Rs. 5,000/-towards dowry and when the same was not paid, the harassment to the petitioner started. On 1-7-1984, it is alleged, the brother of the petitioner had gone to her house at Belapur to take her to her parents house after the marriage as per the local custom. He was, then insulted and told that unless the amount of dowry was paid, they should give up the hopes of the petitioner living in the house of her husband. It is further averred that in the same evening, she was badly beaten and an attempt was made to burn her after pouring kerosene oil on her person. It is further averred that on the next day i. e. on 2-7-1984, she had come to Shrigonda and had approached shrigonda police station for lodging the complaint regarding the ill-treatment, but the complaint was not taken by the Shrigonda Police Station, as the incident in question had not taken place within the jurisdiction of that police station. The petitioner then approached the Zilla Parishad Medical officer, got herself examined and treated. Thereafter, the Respondent No. 1 gave a notice, dated 17-7-1984 to the petitioner demanding cohabitation. In reply, dated 31 st July, 1987, the petitioner asked for a surety to guarantee her safety and security in the husband's house. The references were made to the incident of alleged assault and attempt to burn her in that reply. The husband gave a re-joinder, dated 10-8-1984, joining the allegations. Thereafter the petitioner filed Criminal Misc. Application No. 83 of 1984 in the court of Judicial Magistrate First Class, Shrigonda for maintenance allowance in the same year 1984, the husband had initiated H M. P. No. 91 of 1984 for restitution of conjugal rights, under Section 9 of the Hindu Marriage act.

(3.) IN Course of time, the Magistrate allowed the petitioner maintenance allowance at the rate of Rs. 250/-, with effect from 21-3-1983, which was the date of hit order. When the husband carried the matter to the Revisional court in the Sessions Court at Ahmednagar, the Sessions Judge had allowed the revision and under bis order, dated 7-6-1988, rejected the claim of the petitioner for maintenance allowance.