KAMALABAI KACHRUNIKAM Vs. KACHRU SHANKER NIKAM

JUDGEMENT

(1.) The above petition under Article 227 of the Constitution of India was filed by the wife who had made an application under Section 125 of the Code of Criminal Procecedure, 1973, in the Court of the Judicial Magistrate, First Class, Nandgaon, against her husband-opponent No, 1, Kacharu Shankar Nikam claiming maintenance at the rate of Rs. 500/- per month.

(2.) It was the case of the applicant that she was married to the opponent 10 years before her application, at Bolthan, in Taluka Nandgaon of District Nasik. After the marriage, she was staying with her husband Kacharu at Lodhare, in the same Taluka. He, however, took a second wife by name Chandrakala, and started illiterating the petitioner and ultimately drove her out of the house and deserted her. She was, therefore, staying with her brother at Bolthan. She had no independent source of income by means of maintenance. It was also alleged that the husband owned agricultural lands both Jirayat and Bagait whose annual income was upto Rs. 20 to 22 thousands and the respondent bad, therefore, sufficient means to maintain her and neglected and refused to maintain her.

(3.) The application was opposed by the husband contending that he had not married a second wife, that he was ready and willing to co-habit with the petitioner, and further stating that he had gone many times to take her back to his house but the petitioner had refused to conic. He also denied that his annual income was Rs. 20 to 22 thousand as alleged by the petitioner. According to him, he owned only 22 to 25 acres of Jirayat land, whose annual income was only Rs. 500/- to Rs. 600/-.