PRADEEP Vs. SUNEETA

JUDGEMENT

(1.) BY this criminal writ petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner is seeking to challenge the concurrent orders passed by the Judicial Magistrate, First Class, Umarkhed on 19. 5. 1990 and affirmed in revision by the Additional District Judge, Pusad on 26. 12. 1994.

(2.) MR. Dahat, the learned Counsel for husband submits that right from the beginning, his client has been making bonafide and genuine efforts to persuade the wife to reside with him, but due to her admancy, she is not joining the matrimonial home and, therefore, the Courts below were not justified in awarding maintenance. Mr. Dahat also submits that the husband made application before the Judicial Magistrate, F. C. , Umarkhed that he prepared to keep the wife, but the wife did not accede to the request and offer of the husband and here also the husband is making offer that he is prepared to keep the wife and, therefore, the order of maintenance passed by the learned Magistrate on 29. 5. 1990 and confirmed in revision by the Additional Sessions Judge, pusad on 26. 12. 1994 be quashed and set aside.

(3.) THERE is no dispute that the present petitioner-husband married the respondent No. 1-wife on 5. 6. 1984 at village Mulawa, Tahsil Umarkhed, District Yavatmal. There is also no dispute that for about four years, the husband and the wife lived together. According to wife for about four years the husband and the wife though lived together, during that time, the husband started ill-treating the wife and, therefore, the wife was compelled to live separately. The ill-treatment given to the wife by the husband was also, according to the wife, due to demand of dowry. It is also alleged by the wife that husband used to physically assault her and also give her beating; ultimately, wife had to leave the matrimonial home and since she had no income of her own to sustain herself, she was constrained to file an application under Section 125 Cr. P. C. in the Court of the Judicial Magistrate, First Class, Umarkhed. In the said application, wife averred that the husband has refused and negligent to maintain her and that he has sufficient means to maintain the wife while she has no source of income and is unable to maintain herself.