SARASWATIBAI PARLE Vs. MOKINDA PARLE

JUDGEMENT

(1.) Heard the learned counsel. Suit. Deepali Jape-Ansingkar. for applicant and learned counsel Mr. B. Ci. Deshmukh, for the respondent.

(2.) The applicant, had tiled Criminal Misc. Application No. 40/1994, in the court of Judicial Magistrate, First Class. Gangakhed, Dist. Parbhani, under section 125 of the Code of Criminal Procedure. It was alleged in the application hy the present applicant/wife that she was married with the respondent/husband, 10-11 years prior to the filing of the said application at village Banwas, Taluka : palam. District : Parbhani. The marriage was blissful for about three years. Thereafter, she was being illtreated and reached to her mother's house by the respondent at Gangakhed before 1993. The learned Judicial Magistrate, First class. Gangakhed, after hearing the parties, by the Judgment and Order dated 8-2-1996 awarded an amount of Rs. 300/- per month towards maintenance in favour of the present applicant and amount of Rs. 100/- was awarded by way of costs. It is to be noted that the present applicant and her parents, before marriage, were residing at village Banwas, Taluka : Palam, Dist. Parbhani and the respondent, was also resident of said village i. e. Banwas, Taluka : Palam, Dist. Parbhani.

(3.) The applicant, has alleged in the application, that she is suffering from the tuberculosis. Her father is no more. Her mother and brother are residing at aurangabad. She was being neglected and refused to maintain by the respondent and, therefore, was constrained to take shelter of her mother and brother. She is also residing along with them at Aurangabad. The present applicant had filed five applications under section 125 of the Code of Criminal Procedure for enforcement of order passed by the learned Judicial Magistrate, First Class, gangakhed, Dist. Parbhani in Criminal Application No. 40/1994. All these applications, undisputedly are pending in the Court of Judicial Magistrate, First class, Gangakhed. These applications are bearing Criminal Application Nos. 27-1998, 141/1999, 84/2000,87/2001 and 93/2002. The applicant has also filed criminal Misc. Application No. 85/2000. for enhancement in the amount of maintenance, under section 127 of the Code of Criminal Procedure in the Court of Judicial Magistrate, First Class, Gangakhed. This application, at present is pending. By this application, the present applicant is seeking enhancement from amount of Rs. 300/- to amount of Rs. 1,500/- by way of monthly maintenance from the respondent. This application, seems to have been filed on July, 28, 2000 against the respondent.