SEWANTA KASHINATH WARATI Vs. KASHINATH

JUDGEMENT

(1.) Revision applicant being wife of respondent had preferred application for grant of maintenance under section 125 of cr. P. C. bearing Misc. Criminal Application no. 68/2000 before the court of J. M. F. C. , warora. She had claimed that she is legally wedded wife of the respondent-non-applicant having married with him about 25 years back and marriage is still subsisting. The respondent is working in P. W. D. Office of Mouja Kutki, tahsil Hinganghat, District: Wardha. She was living with him. Thereafter respondent retired. During the absence of the applicant when she had gone to her parent's place, respondent took away all the household goods from Kutki to hinganghat, when she came to Kutki she found nothing in the house no utensils for cooking or grains were there. So she had to go to her parents' place. Since then she is living with her mother. The respondent refused and neglected to maintain her. It is claimed that the respondent has sufficient means to pay maintenance to the applicant as he is retired and getting pension and as she is unable to maintain herself, she claimed rs. 1000/- per month.

(2.) The respondent denied all the material allegations and contended that she is legally wedded wife. According to him, she was married with one Namdeo Khudsange and he did not perform any legal marriage with her. According to him, the applicant used to do labour work on the farm of one Punjabrao. The acquaintance with her was claimed because of the fact that she was admitted in hospital at nagpur and nobody was to take her care. According to him, the applicant is residing with her son Ganesh. He thus mainly claimed that she is not his legally wedded wife as the marriage between Namdeo Khudsange is still subsisting and she was not divorce. He denied his liability to pay maintenance. According to him, this application was filed just to harass him.

(3.) Learned Trial Court recorded evidence led by the applicant of four witnesses. Respondent examined himself in rebuttal. It needs to be mentioned that the applicant had examined Namdeo Khudsange i. e. her alleged former husband to show that there was valid customary divorce between them.