GIRISHKUMAR PARMANAND SHAH Vs. SUDARSHANA @ KALPANA SHAH

JUDGEMENT

(1.) THESE two criminal revision applications arise out proceedings under section 125 of the CODE OF CRIMINAL PROCEDURE, 1973 (Cr.P.C.). Briefly stated, the facts are that Girishkumar, who is the petitioner in Criminal Writ Petition No.596 of 1988 married the respondent Sudarshana alias Kalpana on 7th June, 1983 under the provisions of the Special Marriage Act, 1954. Soon after the marriage, disputes arose between the parties. In short, the version of Sudarshana is that after the marriage, her mother-in-law and sister-in-law started ill-treating her as she failed to bring cash and gold ornaments as demanded by them. The husband also was pressing her to bring money from her parents for purchasing a block. According to Sudarshana, she was not in a position to bring the cash or the gold ornaments or bring money for the purchase of a new flat. Therefore, she was ill-treated, particularly, by their mother-in-law and sister-in-law. She was even denied food. She was often beaten by her in-laws. On 30th March, 1984 she was beaten by the in-laws and therefore she filed a complaint at the Kandivli Police Station. On the next day she was driven out of the house and since then she has been residing at the house of her brothers at Murbad. During her stay at Murbad, she delivered a child and this news was communicated to Girishkumar but he did not even turn up to see the child. On the other hand, Girishkumar's version is that his wife was continuously sick and mentally disturbed. Her behaviour was abnormal. On 31st March, 1984 she received a severe mental attack and she started acting aggressively with him and then She left the house on her own accord. The paternity of the child is also seriously disputed by the husband.

(2.) IN 1985 Sudarshana filed application under section 125 of the Cr.P.C. claiming maintain at the rate of Rs.500.00 per month for herself and Rs.300.00 per month for the son. She, inter alia, averred in the application that all along she was ill-treated and finally driven out of the house on 31st March, 1984. She stated that she has no means to maintain herself. On the other hand the husband is working as a lecturer in Government Technical College and his income is about Rs.10,000.00 per month. She therefore prayed for award of maintenance for herself and the son.

(3.) THE learned II Joint Judicial Magistrate, Kalyan by his judgment and order dated 28th October, 1986 held inter alia that Sudarshana is the legally wedded wife of Girishkumar. The learned Magistrate also came to the conclusion that Girishkumar had refused and neglected to maintain the wife and the son. The learned Magistrate further held that the applicant is unable to maintain herself and, therefore, awarded maintenance at the rate of Rs.250.00 per month to the wife and Rs.150.00 per month to the son.