KESHAORAO Vs. LAXMIBAI KESHAORAO PISE

JUDGEMENT

(1.) THIS is a revision application which is directed against the order of the Sessions Judge, Buldana passed in Criminal Revision No. 18 of 1984 on 12 -3 -1985.

(2.) NON -applicant No. 1 Laxmibai had applied under section 125 Cr. P.C. for grant of maintenance. She had alleged that her marriage was performed with applicant Keshaorao as per Hindu rites, and three children were born out of their wedlock, but they could not survive. She lived for a considerable period with the applicant, but the applicant was behaving with her in a cruel manner. She has averred that she was ill -fed and was demanded divorce by the applicant. She further averred that despite all this ill -treatment, she continued to live with the applicant, At last, she was brought by her brother at his house at Khupgaon since her parents were not alive and there was no close relative to her except her brother. She was again taken to the house of her husband the applicant, but the applicant did not allow her to enter his house. She has further stated that the applicant has married with one Renuka and that he is living with her. She has claimed maintenance of Rs. 500 p m. since she was unable to maintain herself. She also stated that she has no independent source of income. The present applicant resisted that application be filing a reply Exhibit 7. He denied the allegations of the non -applicant admitting therein only that the non -applicant is his married wife. He expressed his willingness to maintain her. The wife -Laxmibai examined herself, one Bharat Karathe (A.W. 2) and Shankar Jadhao (A.W. 4). The applicant Keshaorao examined himself and one Pralhad Tantu 1e (A.W. 3).

(3.) THE learned Magistrate rejected the application of Laxmibai holding that she has not proved the ill -treatment meted out to her by her husband Keshaorao and that she has also failed to establish that Keshaorao performed second marriage with Renuka. Feeling aggrieved, therefore, Laxmibai filed a revision petition before the Sessions Court, Buldana. the learned Sessions Judge set aside the order of the trial Magistrate and awarded maintenance of Rs. 300 p.m. to Laxmibai from 29 -12 -1983 with costs of Rs. 200 in each court. This order of the Sessions Judge is impugned in the revision application by the applicant -husband.