NARHARI PANDHARINATH MUNDHE Vs. SUNITA NARHARI MUNDHE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of both sides, the petition is heard finally at the stage of admission.

(2.) By the present petition under Article 226 of the Constitution of India, the petitioner takes exception to the judgment and order dtd. 23/2/2018 passed by the learned Additional Sessions Judge, Ahmednagar in Criminal Revision Application No. 68 of 2025, thereby partly allowed the revision and set aside the judgment and order dtd. 20/12/2014 passed by the learned JMFC, Pathardi in Criminal Application No. 54 of 2012 to the extent of denial of maintenance and directed the present petitioner/original non applicant to pay Rs.7,000.00 per month towards maintenance to the respondent wife from the date of application i.e. w.e.f.14/3/2012 with litigation charges.

(3.) Admittedly, marriage between the petitioner and respondent was solemnized in the year 1975, however, the respondent wife was expelled from her matrimonial house and the petitioner husband did not maintain her, therefore, she had filed a proceeding bearing Criminal M.A. No. 54 of 2012 under Sec. 125 of the Criminal Procedure Code and prayed for maintenance. After considering the evidence available on record, on 20/12/2014, the learned JMFC, Parthardi passed an order and refused to grant maintenance in favour of the respondent wife on the ground that she is working as Anganwadi Sevika and earning monthly allowance of Rs.5063.00. Being dissatisfied with the said order, the respondent wife had filed Criminal Revision No. 68 of 2015 and challenged the order of denial of maintenance.