SHANAZBI Vs. MOHD SHAFI

JUDGEMENT

(1.) THE applicant Shanazbi had preferred proceedings under Section 125 of the Criminal Procedure Code against her husband, non - applicant No. 1, before the Judicial Magistrate First Class, Akot, vide Misc. Criminal Case No. 170/82. The trial Court had passed its order dated 1 -8 -1983, after obtaining the written statement of the husband on record and after recording the evidence of both the parties, awarding maintenance to the applicant -wife in the sum of Rs. 100/ - per month. This order of the trial Court was challenged by the non -applicant No. 1 -husband before the Additional Sessions Judge, Akola, vide Criminal Revision Application No. 253/83. The learned Judge of the revisional Court, by his order dated 30 -10 -1984, had set aside the order of the trial Court of award of mainte - nance to the wife. Hence, this revision preferred by the aggrieved party - wife.

(2.) WITH the assistance of Shri V. S. Sirpurkar, Advocate, for the applicant -wife and Shri J. N. Chandurkar, Advocate, for the non -applicant No. 1 -husband, I have gone through the records and papers as well as the impugned orders.

(3.) IT is not disputed that the applicant is the legally wedded wife of the non -applicant No. 1, their marriage having been solemnised according to Mohammadan rights at Akot on 25 -3 -1979. It is the case of the applicant -wife that after two months of marriage, the husband started illtreating her physically as well as mentally and was not taking her due care in respect of food, clothing and health. It is further alleged that her husband's sister Rehna was insane and that she was having, unhygienic practices. She used to defecate or urinate in the house and the applicant -wife was required to clean the dirt. On her refusal, the wife was abused and threatened with beating. She further alleges that her husband is a hot tempered person and used to abuse her and also used to assault her. It was in these circumstances, that in the month of March, 1981, the husband dragged her out of the house and reached her to her father's place. According to her, the husband had deserted her without any reasonable and probable cause.