VAIBHAV Vs. CHHYA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties taken up for final hearing. Heard Shri P.S. Paranjape, learned counsel for the petitioner and Shri S.J. Salunke, learned counsel for sole respondent in extenso.

(2.) The present petition is filed by the petitioner, who is husband of the respondent to question the correctness of the judgment and order, dated 16.12.2013, passed by the learned Judicial Magistrate, First Class, Pathri in Criminal Miscellaneous Application No. 5 of 2013, together with the judgment and order, dated 15.4.2014, passed by the Sessions Judge, Parbhani in Criminal Revision No. 13 of 2014.

(3.) The respondent was required to file proceedings for maintenance against her husband under Section 125 of the Code of Criminal Procedure. By the said proceedings, she claimed that her marriage with the petitioner took place on 28.5.2011, however, since the demand of the petitioner to bring Rs. 50,000/-from her parental house was not fulfilled, she was driven out from her matrimonial house. Attempt was made to reconcile the matter by some respected persons on 19.09.2012 when they took the respondent to the house of the petitioner, however, she was not allowed to stay at her matrimonial house. Respondent wife, therefore, claimed that looking to the annual income of Rs. Five Lacs from his irrigated agricultural field and Rs. One Lac from his milk business, he is able to give maintenance at the rate of Rs. 5,000/- per month.