(1.) Rule. Rule made returnable forthwith. Heard learned Counsel for petitioner. Other side Counsel did not turn up.
(2.) The petition is filed to challenge the judgment and order of proceeding No. E117/05 which was pending in the Family Court, Aurangabad. The Family Court has granted the maintenance @ Rs. 1,000/per month to the wife of the petitioner and maintenance @ Rs. 700/per month is granted in favour of other respondent - son of the petitioner.
(3.) In the proceeding filed under section 125 of the Code of Criminal Procedure, 1973 the wife had contended that as she was deserted by present petitioner. She contended that in Family Court, due to mediation in the past, compromise has taken place and she had returned to her matrimonial house. She contended that petitioner did not act as per the compromise and he did not make arrangement of separate residence. She contended that she was ill treated and then she was asked to bring Rs. 50,000/from her parent's house as petitioner wanted to purchase motorcycle. She contended that as demand was not fulfilled, after two months of compromise, she was turned out of her matrimonial house and since Diwali festival of 2004 she is living separately. She contended that she has no source of income and she is unable to maintain herself and her minor son.