MANGAL PANDHARINATH SATHE Vs. PANDHARINATH ARJUN SATHE

JUDGEMENT

(1.) THIS family Court appeal is preferred by the appellant wife (original applicant) against the order dated 10th August, 1990, passed by the Family Court at Bandra, Bombay, granting maintenance of Rs. 300/- p. m. from the date of passing of the order but refusing to grant maintenance from the date of application made under section 125 of the Criminal Procedure Code. The dispute in this appeal is therefore, restricted to the past maintenance for the period 4th September, 1986 till 10th August, 1990.

(2.) THE respondent is the husband of the appellant. The appellant was married to the respondent on 14th May, 1983 according to Hindu Vedic Rites. After the marriage, they resided together for few months at Kalachowki, Bombay. It is alleged by the appellant in her application filed under section 125 of the Criminal Procedure Code that the respondent was treating her well for couple of months, but gradually he lost interest in her and started ill-treating her. She was subjected to physical assault in addition to the insulting treatment that she was to face day in and out. The respondent and his parent did not provide food and clothing to her. They totally neglected the appellant. The respondent used to come late in the evening in a drunken condition and used to assault her. The respondent every now and then was asking the appellant to leave the house otherwise he will drive her out. Despite intervention of the respectable persons of the locality, the respondent did not change his attitude.

(3.) IT is further alleged by the appellant that some time in the year 1985, the respondent sent her to his native place to know about the agricultural work. At his native place, she fell ill, but nobody provided any medical help. The respondent, on coming to his native place, also assaulted her. According to the appellant, she thereafter came to her parentss house and since then she had been residing with them. The appellant and her parents persistently requested the respondent to take her back but he refused to take the appellant to the matrimonial house. The respondent also refused to maintain her. It is then stated by the appellant that the respondent is gainfully employed in J. K. Chemicals Ltd. at Thane and getting Rs. 2,000/- p. m. The appellant therefore, prayed that the respondent has failed and neglected to maintain her and she may be provided with maintenance of Rs. 500/- p. m.