NISHIKANT ABHIMAN KAMBLE Vs. PRIYA NISHIKANT KAMBLE

JUDGEMENT

(1.) Revisionist husband moved instant revision questioning the order passed by the learned Judge, Family Court, Beed dtd. 1/3/2023 in Petition-E No.82 of 2021.

(2.) Learned Counsel for the applicant submitted that present revisionist and respondent are husband and wife, who got married in 2013. It is submitted that respondent wife for no reason and sufficient cause, left the company of husband and instituted proceedings seeking maintenance by invoking Sec. 125 of the Code of Criminal Procedure (Cr.P.C.). It is submitted that applicant is unemployed. That he has already applied for divorce and also succeeded in obtaining decree. He pointed out that during pendency of appeal by wife, fresh proceedings by invoking Sec. 12 of the Protection of Women from Domestic Violence Act (the D.V. Act) were preferred before the learned Judicial Magistrate First Class, Beed and on 2/8/2022, learned trial Court granted maintenance to the tune of Rs.2,000.00 per month. That revisionist preferred appeal against the same before learned District Court, Beed and the same is pending.

(3.) Learned Counsel for respondent pointed out that learned trial Court has correctly appreciated the oral and documentary evidence. That applicant has seven acres irrigated land. That there is sufficient agricultural income and therefore, applicant husband having failed to maintain wife, just and proper maintenance has been directed to be paid and he thereby prays not to interfere in the impugned order.