DATTATRAY HARI PATIL Vs. SHARADA DATTATRAY PATIL

JUDGEMENT

(1.) PETITIONER is aggrieved by an order passed by the Revisional Court reversing the judgment of the trial court and allowing the application for maintenance preferred under section 125 of the Cr.P.C.

(2.) PETITIONER is the husband whereas the first respondent is the wife.

(3.) UPON that application the Second Joint J.M.F.C. Bhivandi delivered his judgment on 19th January 2004. In the judgment delivered by him in Misc.Application No.17 of 2003, he has framed the necessary points. The first point framed by him is whether the applicant wife (respondent No.2 herein) proves that she is refused maintenance and neglected by the opponent husband, despite having sufficient means. The finding on point No.1 is that insofar as the means of husband are concerned, they are sufficient but the wife could not prove refusal and neglect on the part of husband to maintain her. However, on Point No.2 which reads "Does the applicant prove that she is unable to maintain herself", the finding of the trial court is in the affirmative. The third point framed is that whether she is entitled to maintenance from the petitioner husband and the answer is in the negative. Consistent with this finding, the application of the wife came to be dismissed.