SARALABAI VASANT CHAVAN Vs. VASANT PUNJU CHAVAN

JUDGEMENT

(1.) Heard counsel.

(2.) Challenge in this petition is to judgments rendered by learned Judicial Magistrate (First Class), Amalner, in Criminal Miscellaneous Application No.253 of 1997 and Additional Sessions Judge, Amalner, in Criminal Revision Application No.36 of 2002. The learned Magistrate partly allowed application filed under Section 125 of Cr.P.C. and granted maintenance allowance at rate of Rs.400/- p.m. to petitioner no.2, who is minor daughter of the petitioner no.1 and respondent, whereas rejected application of petitioner no.1 (wife). Their revision application was rejected by the learned Additional Sessions Judge, confirming the impugned order of the Judicial Magistrate (F.C.).

(3.) There is no dispute about the fact that the petitioner no.1 is legally wedded wife of the respondent. The marriage was performed on 23rd May 1994. The petitioner no.2 was born out of the wedlock. The petitioner no.1 is M.A.B.Ed. The respondent is a school teacher. The spouses were incompatible after consortium of about couple of years.