ASHABAI HIMMATRAO JUGHARE Vs. HIMMATRAO KISANRAO JUNGHARE

JUDGEMENT

(1.) HEARD learned counsel for the parties. By this criminal revision application, the applicant is challenging the order passed by the Additional Sessions Judge, Achalpur in Criminal Revision No. 59/2003 dated 27-5-2004 by which he allowed the revision petition of the respondent and set aside order of maintenance passed by the Judicial Magistrate first Class, Chandur Bazar in Criminal Case No. 30/2001, filed by the present applicant, decided on 10-10-2003.

(2.) THE case of the applicant is that she is legally wedded wife of the respondent. Their marriage was solemnized in the year 1964. Out of this wedlock one issue was born who expired in the year 1973. The respondent had neglected to maintain the applicant. Because of cruelty and desertion, she was compelled to live with her father. It is alleged that the respondent had married with another lady. The applicant preferred application for grant of maintenance under section 125 of Criminal Procedure Code: bearing Criminal Case No. 30/2001 in the Court of Judicial Magistrate, First Class, Chandur Bazar. According to her; she is unable to maintain herself and tine respondent is a retired Police Constable who had received pensionary and other benefit and is also receiving monthly pension. Besides; this he possessed some agricultural land and has income from the same. She claimed maintenance of Rs. 1500/- per month along with costs.

(3.) THE respondent by submitting his reply resisted the application. He admitted the relationship and also birth of a male child. He also admitted second marriage. However, he specifically claimed that there was mutual divorce between the parties and the applicant was living separate since then and she did not claim maintenance till this application was filed. According to him, it was the applicant who was hot tempered and she also used to avoid doing domestic work. Main contention was that there was customary divorce between the parties and the applicant was living separate by mutual consent since 8-3-1973 and as she was able to maintain herself by doing job of Nurse, he claims that she is not entitled for maintenance.