SATYABHAMA Vs. DATTATRAYA

JUDGEMENT

(1.) THIS is a revision petition by wife Satyabhama against her husband -respondent against the rejection of her claim for maintenance in Criminal Revision Application No. 43 of 1983 decided by the Sessions Judge, Buldhana by an order dated 28 -12 -1984.

(2.) THE present petitioner approached the Court of the Judicial Magistrate, First Class, Mehkar under Section 125 of the Criminal Procedure Code, claiming maintenance. She alleged that she lived with the respondent for a period it years but due to ill -treatment to her, she had to serve a notice on the respondent. She claimed that the respondent was insisting on her to give divorce and since she was refusing, ill treatment was meted out to her by him. The applicant examined herself and one witness iviukund Ganpat as her witness. The non -application also examined himself and another witness Sonaji Sakharam. On the basis of the evidence, the learned Magistrate granted her maintenance at the rate of Rs. 200 per month from the date of application i. e. from 22 -3 -1982. The claim of the respondent that the petitioner had left his place with ornaments and that her father had sufficient means to maintain the petitioner has been negatived by the trial court.

(3.) FEELING aggrieved, therefore, the respondents approached the Sessions Court at Buldhana in a revision petition. The revisional court reappreciated the evidence led before the trial Court and allowed the revision and denied the claim of maintenance to the present petitioner. The petitioner h is, therefore, approached this Court for reversal of the order of the Sessions Judge, Buldhana.