VAISHALI SANJAY TUPE Vs. SANJAY RAMCHANDRA

JUDGEMENT

(1.) This Revision Application is directed against the judgment and order dated 25.4.2004 passed by the learned Judge of the Family Court, Pune, in Petition No.E-158/2003 whereby the application of the Applicant-wife under Section 125 of the Code of Criminal Procedure for maintenance, against the respondent-husband came to be rejected.

(2.) The facts of the case are that the marriage between the Applicant and the respondent was solemnized as per the Hindu rites on 25.5.2002 at Pune. The Applicant resided with the respondent at their matrimonial home for about two months. It is alleged that the respondent's behaviour was not normal and he was suffering from mental illness and denied the Applicant physical marital pleasures. The Applicant alleged that the respondent was unable to look after himself and used to take help of his nephew Tushar for each and everything. She contended that she was ill-treated by her mother-in-law, during the said period of two months and that she was also taken to 'Devrushi' on the ground that she was having "Bhoot Badha" as she developed blisters on her forehead and had fever and body-ache. It is her case that the respondent- husband was out of house for the whole day on account of his job and she was made to do all the matrimonial chores. It is also alleged that the Applicant came to know from the documents found in the matrimonial home that the respondent was taking medical treatment from one, Dr. Ulhas Luktuke for mental illness since long and when her mother-in-law came to know that the Applicant had got knowledge about the said documents she warned the Applicant that she should not disclose the same to anybody. The Applicant alleged that the fact that the respondent had mental illness was not disclosed to her and her parents before her marriage and she has been cheated. It is her case that she "learnt" that the respondent and his family members had decided not to take her back to their matrimonial home, she therefore, approached Mahila Adhar Kendra and with their assistance she obtained her clothes etc. from the matrimonial home. It is her case that the respondent-husband had deserted and neglected her and she is unable to maintain herself and therefore she was constrained to file the above application under Section 125 of the Code of Criminal Procedure seeking maintenance of Rs. 5000/- per month. According to the Applicant the respondent is working with M.S.E.B. and gets salary of more than Rs. 10000/-. She had also prayed in her Application for payment of Rs. 1 lac to her towards the marriage expenditure incurred by her father and also prayed for return of her ornaments and other articles.

(3.) The respondent's case on the other hand is that he is ready and willing to cohabit with her and that the Applicant had deserted him and refused to cohabit with him and left the matrimonial home on her own accord and that though he had approached her and had shown his willingness to take her back, she has refused to return to the matrimonial home. He has denied that he is suffering from illness and that he was unable to provide her physical marital pleasures. He denied that the Applicant was ill-treated. He therefore contended that the Applicant is not entitled to any maintenance.