ASHOK GANGARAM GADE Vs. PUSHPA@ SHANTABAI ASHOK GADE

JUDGEMENT

(1.) Being aggrieved by the judgment and order passed by the Judicial Magistrate First Class, Himayatnagar dated 6.5.2006 in Cri. M.A. 11/2004 and the Judgment and order dated 19.4.2007 passed by the Sessions Judge, Nanded in Criminal Revision Petition No.72/2006 confirming thereby the order passed by the Magistrate, the original non-applicant husband has preferred this criminal writ petition.

(2.) Brief facts, giving rise to the present writ petition are as follows :- According to respondent no.1 wife she got married with petitioner husband six years back prior to filing the application for grant of maintenance before the Magistrate and respondent no.2 born to them out of their marital wedlock. It is also case of respondent wife that for initial period of 5-6 months after marriage she was treated well and thereafter she was subjected to mental and physical harassment by the petitioner husband. Even in the month of June, 2000 she was subjected to severe beating and she therefore came to be admitted in the Government Hospital at Bhokar. Even she had filed a complaint in Tamsa Police station in respect of the said incident. Thereafter, the petitioner husband had driven her out from the house and since then she is residing with her parents. Respondent wife therefore constrained to file an application bearing Cri. M.A No.11/2004 for grant of maintenance against the petitioner-husband. According to the respondent-wife she herself and her minor son are unable to maintain themselves and they have no independent source of income. Petitioner-husband though having sufficient means refused and neglected to maintain them. Thus, respondent wife has claimed maintenance @ Rs.1,500/- p.m. from the petitioner-husband. Petitioner husband has strongly resisted the application for maintenance by filing his say. It has contended that respondent no.1 is not his legally wedded wife and initially he had married with one Muktabai, however, he divorced her in the year 1989 and thereafter he married with Babybai. He had also given divorce to her in the year 1990. It has also contended that thereafter illicit relations were developed with respondent no.1 and accordingly out of said illicit relations she had conceived and given birth to respondent no.2. It has also contended that he has no independent source of income and he earns by doing labour work on daily wages. He had declined to pay maintenance to respondent no.1 wife as she is not his legally wedded wife, however, he has shown his readiness and willingness to maintain respondent no.2, who is his son.

(3.) The learned Judicial Magistrate First Class, Himayatnagar by its impugned judgment and order dated 6.5.2006 partly allowed the maintenance application and thereby directed the petitioner to pay maintenance allowance @ Rs.800/- p.m. to respondent no.1-wife and Rs.500/- p.m. to respondent no.2 son from the date of application alongwith costs of Rs.500/-. Being aggrieved by the same, the petitioner-husband preferred criminal revision petition no.72/2006. The learned Sessions Judge, Nanded by its impugned judgment and order dated 19.4.2007 dismissed the revision by confirming the order passed by the Magistrate. Hence, this writ petition.