SHANTABAI SAITWAL Vs. JINDAS BABURAO SAITWAL

JUDGEMENT

(1.) The Petitioner Smt. Shantabai Saitwal in this Criminal Revision Application has impugned the Judgment and Order passed by the learned Sessions Judge, Jalgaon, dated 23.9.1981. By the said Judgment and Order the learned Sessions Judge had allowed the Revision Petition filed by Respondent No. I herein and had set aside the Order passed by the learned Judicial Magistrate, First Class, Bayer dated 10.3.1981.

(2.) Briefly stated, the facts which have given rise to this Criminal Revision Application are the following: The Petitioner-wife and Respondent No.1 husband were married about 35 years ago. Thereafter the Petitioner-wife and Respondent No. 1-husband separated. Though the date of the separation is not on record. In September 1978 the Petitioner-wife filed an Application under section 125 of the Code of Criminal Procedure, 1973, praying for maintenance from her husband, Respondent No. I, in the Court of the learned Judicial Magistrate, First Class, Bayer. By his Judgment and Order dated 16.9.78, the learned Judicial Magistrate, was pleased to grant the Petitioner-wife a sum of Rs. 200/- per month as maintenance. Respondent No. 1-husband, being aggrieved by the said Order of maintenance passed against him, filed a Revision Application, being Criminal Revision Application No. 116 of 1975, in the Court of the learned Additional Sessions Judge, Jalgaon. The learned Additional Sessions Judge by his Judgment and Order dated 3 1.7.1979 dismissed the Revision Application filed by the husband.

(3.) Sometime in the year 1977 Respondent No. 1-husband filed a Petition for divorce against the Petitioner-wife in the Court of learned Additional District Judge, Indore being Marriage Petition No. 43 of 1977. The grounds on which the Decree for divorce was sought were adultery and desertion. The learned Additional District Judge, Indore, was pleased to dismiss the Petition for divorce by his Judgment and Order dated 9.12.1978.