DEORAO S O RAMJI WAIKAR Vs. SHOBHA

JUDGEMENT

(1.) The non-applicant herein filed Misc. Criminal application No. 105 of 1997 before the Judicial Magistrate First Class, Wardha under section 125 of Criminal Procedure Code for grant of maintenance allowance against the present applicant.

(2.) According to the wife, after the marriage, she went to matrimonial house. However, she was ill treated, the husband refused to maintain her and she was compelled to reside with her parents. She had thereafter, filed an application for maintenance before the Judicial Magistrate First Class, Wardha, which was allowed. Revision Application filed by her husband was dismissed and the wife was required to take out proceedings for execution of order of the maintenance. During pendency of execution proceedings, according to the non-applicant No. 1, the present applicant assured her cohabitation, proper treatment etc. and she returned to her matrimonial house. On return, she had learnt about the present applicant's having married and having begotten one son and one daughter from the second wife. Even after return, according to the non-applicants, husband had ill-treated her and she, therefore, left the matrimonial home on 18-1-1997. She was even required to lodge a police complaint on account of beating by the applicant and his second wife. The offence was registered under section 498-A of the Indian Penal Code vide Crime No. 9 of 1997.

(3.) In the maintenance application, the petitioner claimed that the husband owned 3 hectares 38 R land at village Dhotra, Tah. Kalamb, District Yavatmal and that he earned annual income of Rs. 1,00,000/-, he owns 16 she-bufallos and did the milk business and earned additional Rs. 5000/ -. The applicant required maintenance @ Rs. 5007- per month.