SUNITA RAJENDRA VANAMALI Vs. RAJENDRA GANPATRAO VANAMALI

JUDGEMENT

(1.) Both these revision applications are directed against the order passed by the Judge, Family Court, Nagpur in Petition No. E-343/97, by which she allowed the application of wife Smt. Sunita and Son Tanmay for grant of maintenance under section 125 of Criminal Procedure Code directing husband- Rajendra to pay Rs. 1500/- per month to the wife and Rs. 1000/- per month to the son totalling to Rs. 2500/- per month towards maintenance, including rs. 1250/- p. m. already granted by the Civil Judge, Senior Division, Nasik from the date of the order, besides the cost of Rs. 1000/ -. The revision application 113/2003 has been filed by the applicant - Sunita and Tanmay seeking modification of the impugned order to the effect that the maintenance should be made payable from the date of the application. Whereas Criminal Revision application No. 132/2003 has been filed by the husband - Rajendra to challenge the order of the Judge, Family Court, Nagpur on merits claiming that the wife and son are not entitled for maintenance. Wife and son are referred to as applicant No. 1 and applicant No. 2 respectively while husband is referred to as respondent, hereinafter.

(2.) Facts leading to the filing of these revisions may be stated thus. The marriage of applicant Sunita was solemnized with respondent Rajendra on 23-12-1993 at Nagpur as per Hindu Religion Rites and Customs. Out of the said wedlock applicant No. 2 son Tanmay was born, now aged about 10 years. The respondent was residing at Nasik, therefore, the applicant No. 1 Sunita came to reside with him at Nasik. Respondent husband is serving in Nasik Merchants corporation Bank as Accounts Clerk. Prior to marriage applicant No. 1 Sunita was serving as Teacher. She had also secured job as teacher in Rangubai Junnare english Medium School at Nasik, she was working as such till 1994. Thereafter she secured job of Teacher in Deolali Camp English Medium School Deolali. Later on the request of the applicant, respondent took a flat on rent at Devlali camp and shifted there, they lived there till April, 1995. According to the applicant No. 1; she was subjected to cruelty by the respondent and his family members. It is alleged that they used to abuse her in filthy language. The respondent's parents used to pressurize the wife - applicant for making her stay at Nagpur along with child. It is alleged by the applicant No. 1 wife that she was not allowed to go anywhere and was being confined into the room and the respondent and his relatives were compelling her to do household work. It is further alleged by her that the elder brother and brother-in-law of the respondent were addicted to liquor and they used to torture the applicant-wife.

(3.) Therefore, according to the applicant No. 1, she was compelled to stay at nagpur. It is claimed that the applicant Nos. 1 and 2 and the son had no source of income and the respondent is getting salary of Rs. 4000/-, he also owns house and getting income by way of rent. She claimed that he has some other income from hotel business also. The applicant and son claimed maintenance of Rs. 2000/- for her and Rs. 1500/- p. m. for the son besides the costs of Rs. 100/ -.