DWARKABAI Vs. SAMBHAJI RAOSAHEB VETAL

JUDGEMENT

(1.) By the present Criminal Revision Application, the Applicants are challenging the Judgment and Order dated 30th September, 2000 passed by the learned Addl.Sessions Judge, Ahmednagar in Cri.Revn.Appln.No.31 Of 2000, by which the learned Revisional Court was pleased to partly allowed the Cri.Revision filed on behalf of the present respondent / husband and denied the maintenance to present Applicant No.1 - Dwarkabai / wife.

(2.) Applicant No.1 - Dwarkabai and Respondent - Sambhaji are the wife and husband. Applicant Nos. 2 & 3 are their children. In the year 1998, the present Applicants were required to approach in the court of the Judicial Magistrate, F.C.., Shevgaon, Dist. Ahmednagar U/Section 125 of the Code of Criminal Procedure, 1973 for grant of monthly maintenance allowance; since the Respondent refused and neglected to maintain them. They claimed maintenance allowance @ Rs.500/- per month for Applicant No.1 - Dwarkabai and @ Rs.200/- per month for Applicant Nos. 2 & 3. Said Application was registered as Cri.M.A.No.59 Of 1992. Said Criminal Application was opposed by the respondent. Parties adduced their respective evidence.

(3.) Upon appreciation of the evidence, the learned Judicial Magistrate, F.C.., Shevgaon found that the Applicants succeeded to establish that the respondent refused and neglected to maintain them. The learned trial court found that, the Applicants were unable to maintain themselves and the respondent was found to be a person having sufficient means to provide separate maintenance allowance to the Applicants and, therefore, vide Judgment and Order dated 30th December, 1999, the learned Judicial Magistrate, F.C.., Shevgaon allowed Cri.Misc.Appln.No.59/92 in part and directed that the respondent shall pay monthly maintenance allowance @ Rs.400/- per month to Applicant No.1 - Dwarkabai and further directed him to pay maintenance @ Rs.250/- per month, each to the applicant Nos. 2 & 3, from the date of application, till they attains the age of majority.