RAKMABAI PANDURANG SONAVANE Vs. PANDURANG RAMKRISHNA SONAVANE

JUDGEMENT

(1.) By this petition under Article 227 of the Constitution of India, the petitioner challenges judgment and order dated 10 November 2002 made by the learned II Additional Sessions Judge, Nashik, in criminal revision application no. 451 of 2001.

(2.) By the aforesaid impugned judgment and order, dated 11 October 2002, the Additional Sessions Judge (ASJ) has set aside the judgment and order dated 19 July 2001 made by the learned Judicial Magistrate First Class, Sinnar (JMFC) in criminal miscellaneous application no. 268 of 1999 awarding maintenance of Rs.500/- per month to the petitioner from the date of institution of the application under section 125 of Cr.P.C. along with costs of Rs.300/-. This judgment and order dated 19 July 2001 made by the JMFC came to be set aside by the impugned judgment and order dated 10 November 2002 by the ASJ solely on the ground that the respondent husband was already married and his first wife was living on the date of solemnization of marriage between the respondent husband and the petitioner wife. On this basis, the learned ASJ has concluded that the petitioner was not the legally wedded wife of the respondent husband and consequently, was disentitled to claim maintenance under section 125 of Cr.P.C.

(3.) Neither the petitioner nor her Advocate were present when the matter was called out. However, Mr. Kayval Shah appeared for the respondent no. 1 in defence of the impugned judgment and order.