RAGHUNATH Vs. MANDAKINI AND ORS.

JUDGEMENT

(1.) This Criminal Application under Art. 227 of the Constitution and under Sec. 482 of the Code Criminal Procedure is filed by the Petitioner - original non-applicant-against an order, dated 17th Feb., 1983 recorded by the learned Judicial Magistrate, First Class, Ambejogai, on his application at Exh. 33 filed in Criminal Application No. 32/1976.

(2.) Present Respondent Nos. 1 and 2 have filed an application in the Court of Judicial Magistrate, First Class, Ambejogai, under Sec. 125 of the Criminal Procedure Code. It was alleged by respondent No. 1 Mandakini that she was married to the present Petitioner Raghunath about 17 years prior to 1976 and during their marital wedlock present Respondent No 2 was born to her. She alleged that since about 7 to 8 years prior to filing of this application her husband started ill-treating her and neglected to maintain her. Besides, she also alleged that her husband had entered into a second marriage with one Manorama and he was residing with her and had also children from her. She accordingly claimed maintenance at the rate of Rs. 200 per month. This petition was opposed by the present Petitioner in which he contended that present Respondent No. 1 Mandakinibai was at fault and inspite of his best efforts she did not come and reside with him and this attitude of present Respondent No. 1 compelled him to file Hindu Marriage Petition No. 112/64 for restitution of conjugal rights in the Court of Civil Judge, (Senior Division), Beed. It appears that Respondent No. 1 did not appear in that Hindu Marriage Petition and accordingly, the said petition was decreed ex parse by the Civil Court on 11-9-1964. It was also the contention of the present Petitioner that he tried his level best to bring the present Respondent No. 1 to his house but all his efforts were in vain and hence, after the completion of two years he filed a petition for divorce bearing Hindu Marriage Petition No. 9/1976 against respondent No. 1 which was also decreed exparte against her on 6-4-1977.

(3.) While the Petition No. 32/76 was pending in the Court of Judicial Magistrate, First Class, present Petitioner Raghunath had raised an objection that present Respondent No. 1 could not claim any maintenance since she was divorced by him and this was contained in an application dated 19-6-1980, which was dismissed by the trial Court on 8-1-1981. Feeling aggrieved by this order dated 8-1-1981, the present Petitioner had preferred Special Criminal Application No. 326/81 in the High Court at Bombay but that petition was withdrawn by the present Petitioner on 20-9-1982 and the following order was passed by the High Court :