PRABHAVATI HARISCHANDRA AVATADE Vs. HARISCHANDRA TUKARAM AWATADE

JUDGEMENT

(1.) This Criminal Revision Application has been filed by the Petitioner Prabhavati Harischandra Avatade impugning the Judgment and Order passed by the learned Additional Sessions Judge, Solapur, dated 23.1.1984. The learned Additional Sessions Judge allowed the Revision Application filed by the Petitioners husband Harischandra Tukaram Awatade, Respondent No. 1 herein and set aside the Order passed by the learned Judicial Magistrate, First Class, Mohol, dated 5.11.1982.

(2.) The Petitioner Prabhavati alleged that she had been married to the 1st Respondent Harischandra in the year 1976 at the old Vithal Mandir, Solapur, according to the Hindu Vedic rites and custom. Prabhavati alleged that she lived and cohabited with her husband Harischandra for a period of about two years during which she was harassed both by her husband and his family because, according to them, she had not brought sufficient dowry. Two years after the marriage Harischandra drove Prabhavati from the matrimonial home.

(3.) On 23.3.1982 Prabhavati filed an Application under section 125 of the Code of Criminal Procedure, 1973, against her husband Harischandra claiming a sum of Rs. 350/- per, month as maintenance for herself. At the hearing of the Application, Prabhavati examined herself as P.W. 1 and she examined her paternal uncle Dyandeo Narsing Jagtap P.W. 2, her maternal uncle Han Gangaram Charan P.W. 3 and her father Jagram Jaising Jagtap, P.W. 4. The learned Judicial Magistrate, First Class was of the view that Prabhavati had proved that she was the legally wedded wife of Respondent No.1 Harischandra, that she had proved that she was unable to maintain herself and thirdly, that she had proved that Respondent No. I Harischandra had sufficient means to maintain her but had neglected to do so Thereupon the learned Judicial Magistrate was pleased to order Respondent No 1 Harischandra to pay a sum of Rs. 250/- per month as maintenance to the Petitioner Prabhavati and a sum of Rs. 100/- as costs of the Application.