LAWS(BOM)-2005-4-82

DNYANESHWAR S O KISAN MOTEKAR Vs. VANDANA

Decided On April 21, 2005
DNYANESHWAR KISAN MOTEKAR Appellant
V/S
VANDANA, DNYANESHWAR MOTEKAR Respondents

JUDGEMENT

(1.) The petitioner herein filed an application for maintenance under section 125 of Criminal Procedure Code. She claims ill- treatment, neglect, threats of killing etc. by the husband and that her efforts to stay with the husband were rendered failure, by him. She also claimed ill- treatment from the husband on account of dowry related demand. It has to be seen from the judgment, (since copy of Written Statement is not provided in the paper book) , that the petitioner has denied that the wife had any time peacefully lived with him and blamed her for being a quarrelsome woman and said that she voluntarily withdrew his company because she did not like him. He further claims that all his attempt to bring her back failed. He refused to pay separate maintenance. He further pleaded that the wife undertook the Tailoring Job and earned Rs. 500/- p. m. and that her demand for Rs. 1500 was unjustified.

(2.) The trial Court heard the case and granted the application partly as follows : " (i) Application is partly allowed. (ii) The non-applicant is hereby directed to pay maintenance Rs. 1,000/- (Rs. one thousand) to the applicant-wife from the date of this order. "

(3.) Wife as well as husband, who were dissatisfied with said order, filed criminal Revision Applications. Wife's Criminal Revision Application Number is 98/2000 and husband's Criminal Revision Application Number is 99 of 2000. The wife prayed for enhancement to the tune of her prayer maintenance allowance to be paid from the date of application and expenses of litigation, while the husband claimed that the entire order be quashed and set aside.