JAYASHREE Vs. VIBHAS S O KALYANRAO KULKARNI

JUDGEMENT

(1.) THIS criminal writ petition arises out of proceeding under section 125 of the Code of Criminal Procedure, 1973 (for short the Code) initiated by the respondent No. 1 against the petitioner. This writ petition is filed for quashing of the said proceeding which is pending before the Judicial Magistrate, First Class, Edlabad.

(2.) THE petitioner married the respondent No. 1 on 15-5-1978 according to Hindu rites and ceremonies. One son was born to them out of the said wedlock. It appears that the marriage was broken when the consent decree of divorce was obtained by parties in Hindu Marriage Petition No. 140/1981 on 18-3-1981. After the dissolution of the marriage, the petitioner filed Miscellaneous Criminal Application No. 150/1982 under section 125 of the Code for maintenance for and on behalf of her minor son. In that criminal application, a compromise was arrived at. The respondent No. 1 agreed to transfer part of his land in the name of minor. Though the mutation was effected in the revenue record, the income of the land was never given to the petitioner being the guardian of the minor. The petitioner, therefore, filed another Miscellaneous Application No. 208 of 1986 in the Court of Judicial Magistrate (F. C.), Aurangabad, inter-alia, for maintenance for and on behalf of the minor. By order dated 17-3-1987, the Magistrate granted the maintenance allowance at the rate of Rs. 300/- per month. That order has become final.

(3.) THE respondent No. 1, however, filed Miscellaneous Criminal Application No. 35/1989, inter-alia, claiming monthly maintenance allowance from the petitioner under the provision of section 125 of the Code, on the ground that he is unable to maintain himself as a poor agriculturist, but the petitioner is earning by working as a Clerk. The respondent No. 1, therefore, claimed monthly maintenance at the rate of Rs. 500/- per month.