DHAMMAPAL NANDU AHIRE Vs. MONIKA DHAMMAPAL AHIRE

JUDGEMENT

(1.) By preferring criminal revision application, the petitioners have challenged the order dtd. 29/08/2022 passed by the 2nd Judicial Magistrate First Class, Buldhana granting maintenance @ Rs.2,000.00 per month to respondent No.1 wife, Monika Dhammapal Ahire and respondent No.2 Daughter, Ku. Apeksha Dhammapal Ahire from the date of application i.e. 03/04/2021 in DV Application No.26/2021 whereas, in criminal revision application, the applicant husband has challenged the order of maintenance @ 4,000/- to the respondent No.1 - wife and Rs.3,000.00 to the respondent No.2 daughter from 29/06/2021.

(2.) The applicant and the respondent No.1 were married according to the rites and rituals on 04/05/2014 at Buldhana, Tahsil and Dist. Buldhana. The respondent No.2 begotten from the said wedlock. After marriage, she resumed cohabitation along with her husband at Kinhola, Tah.Chikhli, Dist. Buldhana and thereafter at Mumbai. As per her allegations, during her cohabitation, she found that her husband having illicit relations with one lady and used to chat and talk over a night with that lady. She alleged that her husband has also shown her the photographs of that lady and therefore, the quarrels were there between them. It is further alleged that he started ill-treating her, harassing her by detaining her in the room and finally, in the year 2015, she narrated about her ill-treatment through mediators to her parents and therefore, her mother immediately rushed to Buldhana and taken her away. Thereafter, she lodged a report to Bharosa Cell where the matter was settled and her husband has taken her away for cohabitation. But there was no change in the behaviour of the present applicant. On the contrary, he started suspecting her character and therefore, she constrained to leave matrimonial house. She further alleged that she has also lodged complaint on the basis of which offence under Sec. 498-A of IPC is registered against the present applicant. She further contended that the present applicant is having agricultural property from which he is getting income of Rs.10,000.00 to Rs.20,000.00 per year. She further contended that he is also well educated and doing the job in a company and getting Rs.20,000.00 per month. He also rented one flat and thereby also, he is getting income. Therefore, he is having sufficient means for granting maintenance.

(3.) The said application is strongly opposed by the present applicant on the ground that the respondent No.1 is running a Beauty Parlour. Therefore, she is having sufficient means to incur expenses. It is further contended by him that respondent No.1 used to talk her on mobile phone with one boy and therefore, he questioned on that count and there was quarrel between him and respondent No.1. He further alleged that on 15/06/2014, he caught her red-handed while talking with one boy and narrated this fact to her parents and thereafter, she left the house. There is no sufficient and reasonable cause to leave the company of the applicant. Thus, there is no refusal and neglect on the part of the present applicant. In view of that, application deserves to be rejected.