DADAMIYAN Vs. HAFEEZABI AND ANOTHER

JUDGEMENT

(1.) This Criminal Application by the original opponent- husband is directed against an order of maintenance recorded by the learned Sessions Judge, Osmanahad, in Criminal Revision Application No. 2 of 1983 decided on 30th July, 1983, reversing the order passed by the learned Chief Judicial Magistrate, Osmanabad in Criminal Miscellaneous Application No. 67 of 1981.

(2.) It is common ground that the Petitioner was married to Respondent No. 1 - Hafeezabi about 30 years prior to her petition under section 125 of the Code of Criminal Procedure in the lower Court. Respondent No. 1 resided with the Petitioner for about 5 to 10 years after marriage and on 2-5-1972, she was divorced by the Petitioner. They have one son named Sardar, who is following the profession of medical practitioner.

(3.) The case of Respondent No. 1 in the lower Court was that although she wag divorced by her husband Petitioner Dadamiyan on 2-5-1972, yet no provision for her maintenance was made by the Petitioner since that date. She has not not affected any marriage after the date of divorce and being an old lady, she is unable to do any work and she did not have any other means of maintenance. She alleged that the Petitioner was a private medical practitioner visiting villages for his profession and his income was Rs. 1,000 to Rs. 1,500 per month from his profession and besides, he had income from his landed property also. As the Petitioner possessed of sufficient means, she filed this petition claiming maintenance at the rate of Rs. 150 per month.