ASHABAI HIMMATRAO JUNGHARE 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 27.05.2004 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. 3 0/2001 in the Court of Judicial Magistrate, First Class, Chandur Bazar. According to her; she is unable to maintain herself and the 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.) EVIDENCE was led in the trial Court. The learned Judicial Magistrate First Class accepted the case of the applicant and allowed the application by awarding maintenance of Rs. 600/ - per month to the applicant, besides the costs of Rs. 500/ -. This order was challenged by the respondent before the Additional Sessions Judge, Achalpur in Criminal Revision Application No. 59/2003, wherein he succeeded, the order granting maintenance was set aside by the learned Additional Sessions Judge, Achalpur by his order dated 27.05.2004.