DAYANAD S GHODKE Vs. ASHA D GHODKE

JUDGEMENT

(1.) THE applicant Dayanand s/o Sonu Ghodke filed present application to set aside the order passed by the Judicial Magistrate, (First class), Shrigonda dated 30/11/1996 in maintenance application No. 147/1995, which is later on confirmed by the Additional Sessions judge, Ahmednagar in Criminal Revision Application No. 57/1997 by order dated 18/11/1998.

(2.) THE facts, in nutshell, leading to the present application are that: the Respondent Smt. Asha Dayanand Ghodke filed application for maintenance before the Judicial Magistrate (Frist Class) under Section 125 of Cr. P. C. on 17/7/1995. The gist of the contentions is that marriage of Asha performed with the Opponent Dayanand on 14/12/1986 at village Shedgaon, Tal. Shrigonda. It is further alleged that the relations between applicant and Opponent as husband and wife are still subsisting. It is further alleged that the Opponent maintained the applicant properly for about 4 to 5 months, however, thereafter he started ill-treating and harassing her on account of unlawful demand. It is further alleged that there was assault, beating to the applicant at the hands of the Opponent and lastly on 7th June, 1994 Opponent drove out the applicant from his house, the brother of Opponent, namely Revindra Ghodke left her to her parent's house, however, two children namely Deepak and Gaurav were kept by Opponent with her. It is further alleged that the applicant thereafter made several efforts to convince the Opponent to take her for cohabitation, however, the efforts being fruitless and, therefore, the applicant started residing with her parents. It is further alleged that Opponent thereafter performed second marriage with one Maya d/o Mahadu Avhad. It is also alleged that there are no hopes that the Opponent will take the applicant for cohabitation as he is residing along with his second wife, the applicant is unable to maintain herself, there is negligence and refusal on the part of the Opponent. So far as regard income of the Opponent it is contended that he is serving in Railway department and used to get salary of Rs. 500. Request is accordingly made to allow the application and to grant maintenance at the rate of Rs. 500/- per month.

(3.) THE Opponent appeared and filed say. The facts that marriage of applicant was performed with the Opponent in the year 1986 and that couple is having two male issues from the said wedlook is not disputed. The other allegations about ill-treatment and harassment has been specifically denied. Even the incident as alleged by the applicant dated 7th june 1994 is also denied. In para 11 to the Opponent has given details about the incident and settlement between parties by which it is alleged that the applicant has relinquished her right to claim maintenance. It is also alleged about some incident took place in the month of January, 1994 as the applicant was found in compromise with some another person at the house and on account of said incident agreement took place between the parties in which it is contended by the opponent that the applicant has relinquished her right to claim maintenance and also gave permission to the Opponent to perform second marriage. It is further alleged that on 2. 3. 1995 at Shrigonda consent deed which is also known as "hakka Sod patra" is executed, and in view of this position it is claimed that the application claiming maintenance from the Opponent is not justified and accordingly requested to reject the said application.