USHABAI RAGHUNATH PATIL Vs. RAGHUNATH GABA PATIL

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 2.4.2007 passed by the Additional Sessions judge, Amalner in criminal revision application no.33/2006, the original applicant-wife has filed present criminal application.

(2.) Brief facts, giving rise to the present application are as follows :-

(3.) Respondent-husband has strongly resisted the said application. It has contended that the applicant- wife was having extra affinity of her parents and she used to avoid household work. In the year 1999 he had issued one notice for resuming cohabitation. Even then, she has not resumed his society and, therefore, he had preferred a petition for restitution of conjugal rights bearing H.M.P. No 18/1999, which was dismissed for default. However, after mediation, the petitioner wife resumed cohabitation in the year 2000. However, again she left the house within just two months. In the year 2002 she resumed cohabitation in response to the efforts taken by relatives of respondent-husband and stayed with the respondent- husband till the month of May 2003 and again returned to her parents house. Consequently, respondent- husband preferred H.M.P. No.67/2004 and it is held by the civil court that the applicant Ushabai is residing separately without any reasonable cause. In view of this, the applicant wife is not entitled for any maintenance. It has also contended that the respondent has no fixed income and he is not able to give separate maintenance.