UTTAM Vs. BABITA

JUDGEMENT

(1.) Uttam s/o Kisan Pawar felt aggrieved by the Judgment and Order dated 6th February, 2001 passed by the Principal Judge, Family Court, Aurangabad in Petition No.A-721/1999, by which the learned Judge, Family court was pleased to allow the Petition partly, filed on behalf of present Respondent Nos. 1 to 3 and the court below was pleased to direct the present applicant to pay monthly maintenance allowance @ Rs.500/- to Resp.No.1 from the month of December, 1999 onwards and also directed that, from the month of December, 1999, the applicant to pay monthly maintenance allowance @ Rs.250/- each to respondent Nos. 2 and 3.

(2.) I have heard Mr. S.A. Dhengle, learned counsel appearing for the applicant in extenso. I have also heard Mr. Bhange, learned A.P.P. for Respondent No.4. Though Resp.Nos. 1 to 3 are served, nobody appeared on their behalf.

(3.) According to the learned counsel for the applicant, the court below had committed serious mistake in granting maintenance allowance in favour of Respondent Nos. 1 to 3. He further submitted that, there is no evidence on record to show that, Resp.No.1 was unable to maintain herself. It was another limb of argument of the learned counsel for the applicant that the respondent wife on her own accord has withdrawn the company of the applicant, therefore, she is dis-entitled to claim maintenance from the present applicant U/Section 125 of the Code of Criminal Procedure, 1973. He submitted that, since the year 1999, the wife on her own accord has withdrawn from the company of the applicant. The learned counsel further submitted that, present applicant is a rickshaw driver and he has no rickshaw of his own. The learned counsel further submitted that, the court below has failed to consider the aspect that the applicant has to maintain his age old parents. Thus, sum and substance of argument of the learned counsel for the applicant is that the learned Judge of Family Court has failed to appreciate the aforesaid contentions and, therefore, miscarriage of justice is done at the hands of the learned Principal Judge, Family Court, Aurangabad.