SANJAY PULSING SISODIA Vs. SANGITA AND ORS.

JUDGEMENT

(1.) Since Criminal Revision Application as well as Writ Petition arises out of the common judgment of the learned revisional court and between the same parties, therefore, they are decided by this common judgment. Both the Criminal Revision Application as well as Writ Petition are filed by Sanjay Pulsing Sisodia - husband against Sangita W/o. Sanjay Sisodia - wife and Kum. Priyanka and Kum. Pooja - daughters. Hereinafter parties will be referred as husband, wife and daughters for the sake of convenience.

(2.) Heard Mr. K.C. Sant, learned counsel for the husband and Mr. J.K. Bansode, learned counsel for the wife and daughters, in extenso.

(3.) Wife and daughter were required to approach the court of the learned Magistrate by filing an application under Section 125 of the Code of Criminal Procedure, seeking maintenance allowance from the husband. Their application was registered as Cri. M.A. No. 72/1997 on the file of the Judicial Magistrate, First Class, Sindhkheda, Dhule. The application discloses that marriage between the couple was solemnized prior to six years of filing of the application under Section 125 of the Code of Criminal Procedure. From the wedlock, two daughters were born. The daughters are residing with the wife. It was stated in the application that though for initial period, there was good treatment to the wife, subsequently, she was subjected to cruelty. However, the wife with the hope to change the situation and circumstances continued to reside with the husband. Ultimately, on 3rd March, 1996 the husband and his family members, against the wish of wife, drove her away alongwith the daughters from the matrimonial house. Attempt to reconcile from father of the wife was failed.