NANASAHEB Vs. VIDYA AND ORS.

JUDGEMENT

(1.) By the present Criminal Writ Petition, the petitioner is challenging the Judgment and Order dated 19th March, 1997 passed by the learned Judicial Magistrate, F.C., Shirpur, Dist. Dhule in Cri.M.A.No.379 Of 1991; together with the common Judgment and Order dated 26th September, 2002 passed by the learned 2nd Additional Sessions Judge, Dhule in Criminal Revision Application No.89 Of 1997 and in Criminal Revision Application No.103 Of 1997.

(2.) I have heard Mr. C.R. Deshpande, Advocate for the Petitioner, Mr. S.H. Jadhav, Advocate h/for Mr. S.P. Brahme, Advocate for Respondent Nos.1 and 2 and Mr. S.A. Ambad, Additional Public Prosecutor for the State of Maharashtra/Respondent No.3.

(3.) Marriage between petitioner - Nanasaheb and Respondent No.1 -Vidya was performed on 16th May, 1990 at village Bahal, Tal. Chhalisgaon. Their marital tie is still in subsistence. Mrs. Vidya delivered male child - Respondent No.2 Vijay on 17th November, 1990. Respondent Nos. 1 and 2 were constrained to file an application under Section 125 of the Code of Criminal Procedure for grant of maintenance allowance against the petitioner vide Cri.M.A.No. 379 Of 1991. It is specifically stated in the application that Respondent No.2 was born premature in the month of November, 1990. This fact was intimated to the petitioner however, just for the reason of premature delivery, the petitioner made scurrilous allegations by issuing notice dated 3rd June, 1991. It was further stated in the application that said notice was replied by reply-notice dated 20th June, 1991 (Exhibit- 46) and the petitioner was called upon to take respondent No.1 from her parents house and also to make arrangement for their maintenance. Inspite of receipt of said notice, no steps were taken requiring the respondents to file proceedings under Section 125 of the Code of Criminal Procedure. [For the sake of convenience, the parties will be referred as wife, son and husband.]