BHIKAN Vs. SUBHADARABAI AND ANOTHER

JUDGEMENT

(1.) This Criminal Application under Art. 227 of the Constitution of India read with section 401 of the Code of Criminal Procedure, 1973, is directed against an order of maintenance recorded by the learned Additional Sessions Judge, Aurangabad in Criminal Revision Application No. 65 of 1982 decided on 13-9-1983 arising rut of Miscellaneous Criminal Application No. 79 of 1980 decided by the learned Judicial Magistrate, First Class, Kannad on 31-3-1982.

(2.) It is common ground that the Petitioner Bhikan was legally married to Respondent No. 1 - Subhadrabai some time in the year 1974. The case of Respondent No. 1 before the trial Court was that her husband treated her well for two years and thereafter he started drinking liquor and illtreating her. Although her father tried to reach her to her husband's house, the latter did not allow her to enter into his house. As the husband neglected to maintain her though he was possessed of sufficient means, she filed this application for maintenance at the rate of Rs. 200 per month under section 125 of the Code.

(3.) The petitioner resisted this petition wide his say at Exh No. 10, in which he denied all the allegations of ill-treatment. He did not seriously dispute the Respondent No. 1 was staying with her parents, but added that he made efforts to bring her to his house, but she declined. It was also his case that he was poor and because she was insisting on luxurious life, which he could not provide, his wife left his house of her own accord and as such she is not entitled to claim any maintenance. He also raised a plea of bona fide offer. He also contended that he was ready to maintain his wife of his house, and therefore, she should not be granted any maintenance allowance. According to him, he was working as a labourer with an income of Rs. 5 to 6 per day and as such he was not in a position to provide separate maintenance to her.