PUNDURANG BARKU NATHE Vs. LEELA PANDURANG NATHE

JUDGEMENT

(1.) BY means of this revision application the petitioner has impugned the judgment and order dated 7-10-1992, passed by the Additional Sessions Judge, Nasik, in Criminal Revision Application No. 191 of 1990, whereby the judgment and order dated 23-4-1990 passed by the Judicial Magistrate, First Class, Dindori, dismissing the application of respondent No. 1 for maintenance under section 125 Cr. P. C has been reversed and the petitioner has been directed to pay to the respondent No. 1 maintenance at the rate of Rs. 150/- per month.

(2.) THE facts in brief are :-Respondent No. 1 Leela Pandurang Nathe, is the wife of the petitioner. The couple had 4 children; the eldest being a son, Rajaram. It is alleged by respondent No. 1 that the petitioner used to ill-treat her. One day the petitioner assaulted respondent No. 1 and drove her out of the house and also demanded divorce from her. In her application for maintenance respondent No. 1 alleged that the petitioner had refused to maintain her and prayed that as he was possessed of sufficient means she should be paid a monthly maintenance at the rate of Rs. 500/ -.

(3.) EVIDENCE was led by the parties before the trial Court. The defence of the petitioner was that since the respondent No. 1 was having illicit relations with Kashinath and Sahadu, she would be deemed to be living in adultery under the provisions contained in section 125 (4) Cr. P. C. and hence would not be entitled to maintenance. The trial Magistrate accepted the defence of the petitioner and rejected respondent No. 1s application for maintenance. Feeling aggrieved by the order of the trial Court respondent No. 1 preferred a revision before the Additional Sessions Judge, Nasik and the same was allowed on 7-10-1992. By virtue of the said order the petitioner was directed to pay Rs. 150/- per month as maintenance to respondent No. 1 aggrieved by the order dated 7-10-1992 the petitioner has preferred by the present revision.