KUSUM Vs. SHAMRAO NARAYAN NARKHADE

JUDGEMENT

(1.) THE petitioner Kusum, who is the wife of the respondent Shamrao, has approached this Court under section 482 of the Criminal Procedure Code invoking inherent powers to quash the order dated 3 -1 -85 passed by the Sessions Judge, Buldana in Criminal Revision No. 81 of 1982 reversing the order dated 10 -5 -1983 passed by the Judicial Magistrate, First Class, Mehkar in Misc. Criminal Case No. 55 of 1981 granting maintenance to the petitioner under section 125 of the Criminal Procedure Code.

(2.) THE facts in brief are that the marriage between the parties was solemnised in the year 1975 according to Hindu Rites and Custom. The said marriage is still subsisting. It was the case of the petitioner that few days after the marriage, the Respondent Shamrao decided to have a second wife and insisted upon the petitioner to give him divorce. It was also alleged that the petitioner was ill -treated and ultimately thrown out of the house. Subsequently, the respondent Shamrao had a second wife in the year 1981. The petitioner claimed maintenance allowarce at the rate of Rs. 300 per month from the respondent Shamrao, since was she unable to maintain herself. According to her allegations the respondent Shamrao earned sufficiently well to maintain her.

(3.) THE respondent Shamrao opposed the demand for maintenance allowance made by the petitioner by denying almost each and every allegation made in the petition. The fact of marriage with the petr. was however, not disputed. He also disclosed that his income by way of salary did not exceed Rs. 150 per month.