GOVIND DADU KAMBLE Vs. GANGUBAI

JUDGEMENT

(1.) THE wife moves the Criminal Court for maintenance under section 125 of the Criminal Procedure Code. According to her, she was married as per Hindu Religious Rites. She married the petitioner herein as per Hindu Rites at Dongargaon in Sangola Taluka of Solapur ? District. This event occurred about 30 years back and since then the spouses were staying together for nearly 23 years in house at Bombay. According to her, the husband had kept a mistress by name Ranjanabai and he was also indulging in ill -treating her and had actually deserted her. She has lodged certain complaints with the police and was also medically treated. Ultimately, it reached a point of no return as according to her the husband drove her from the house about four years back since when she has been staying with her sister in Sion locality.

(2.) IT is on these allegations that the application was filed. She further contended that the husband was getting about Rs. 2000/ - as his pay as he was employed in Tata Oil Mill. She, therefore, claimed maintenance at the rate of Rs. 500/ - per month from the husband. This application is the subject matter of Case No. 212/N of 1979 before the learned Metropolitan Magistrate, 30th Court, Kurla. The petitioner herein is the husband while the first respondent is the wife.

(3.) RESISTING the application the husband came out with a bold statement that he never married the first respondent and the contrary claim in that behalf is false. According to him, the first respondent was staying as a sub -tenant in one of the rooms where he was originally residing and after he had shifted he demanded the lady to vacate the premises. However, the first respondent, according to him, claimed an exorbitant amount for vacating the premises and on his refusal she filed the false claim about she being legally married wife and falsely claimed maintenance. According to him, he was getting about Rs. 800/ - per month at the relevant time.