VRUSHIKET AND ORS. Vs. PAMABAI AND ORS.

JUDGEMENT

(1.) The petition is filed to challenge the judgment and order of Criminal Appeal No. 55 of 2013 which was pending in the Court of the Sessions Judge Osmanabad and also the decision of Criminal Misc. Application No. 429/2010 which was challenged in Criminal Appeal No. 55/2013. The learned Chief Judicial Magistrate has granted relief like payment of maintenance of Rs. 800/- per month, compensation of Rs. 5000/- and Rs. 400/- per month towards rent in favour of the present respondent No. 1 and this order is confirmed in the appeal. Both the sides are heard.

(2.) It is the case of the original applicant Smt. Pamabai that her marriage with respondent Vrushiket took place 49 years prior to the date of filing the proceeding. It is her case that for about one year there was no dispute but after that respondent No. 1 started harassing her on petty counts and she was virtually starved and he was not providing the necessary items and articles to her. It is contended that after one year of the marriage she was driven out of the house and she was staying with her mother for some time. It is contended that her parents are residents of the same village. It is contended that the matter was reconciled and then she gave birth to a daughter after 4 years of the marriage.

(3.) It is the case of the original applicant that after birth of the daughter, respondent No. 1 married second wife. Respondent No. 2 is the second wife of respondent No. 1 and respondent Nos. 3 and 4 are the sons born to respondent No. 2 from respondent No. 1. It is her case that after the second marriage more ill-treatment was given to her and ultimately she was again driven out of matrimonial house. It is her case that she then started living in a dilapidated room which was owned by respondent No. 1 and his brother. It is her case that she some-how managed to solemnize marriage of her daughter.