SUNITA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present petition is filed challenging the judgment and order passed by the 4th Additional Sessions Judge, Ahmednagar in criminal Revision Application No. 60 of 1990 on 22-7-1993. The brief facts of the case are as under :-

(2.) The present petitioner is the wife of respondent No. 2 and their marriage took place as per the Christian rites. After some years of the marriage, the respondent No. 2 husband started harassing the petitioner-wife for fulfilling his illegal demands of money. The petitioner-wife could not fulfil the demands of the husband and therefore, she was driven out of the house. The petitioner and her parents made several attempts for reconciliation but could not succeed due to adamant attitude of the respondent No. 2. The petitioner-wife is not having any source of income, therefore, she filed Criminal Misc. Application No. 226 of 1988 before the learned J. M. F. C. Ahmednagar on 26-10-1988 and prayed for Rs. 500/- p. m. towards maintenance. The petitioner wife in her application had stated that the respondent-husband is getting Rs. 6000/- p. m. since he is working as an assistant Teacher, with the Zilla Parishad, Ahmednagar. The said application filed by the petitioner-wife was allowed and the husband was directed to pay Rs. 150/-p. m. w. e. f. 26-10-1988.

(3.) On the other hand, the learned counsel appearing for the respondent-husband contended that the judgment and order passed by the Revisional Court is perfectly justified and the Revisional Court has re-appreciated the evidence on record and has come to the conclusion that the wife is not entitled for maintenance.