MANDAKINI BHAUSAHEB PAGIRE Vs. BHAUSAHEB GENU PAGIRE

JUDGEMENT

(1.) BY this petition, petitioner impugns judgement and order rendered by learned Sessions Judge, ahmednagar, in Criminal Revision Application No. 139/2000 whereby and whereunder order of restoration of maintenance application bearing Cri. M. A. No. 27/1997 rendered by learned Judicial Magistrate (F. C.), Ahmednagar, came to be reversed.

(2.) THE petitioner is wife of respondent No. 1. He filed an application (Cri. M. A. No. 27/1997) for maintenance allowance under section 125 of the criminal Procedure Code. The application was dismissed on 27th January, 1999 because the petitioner (wife) was found absent. She thereafter filed an application on 08-02-1999 (Cri. M. A. No. 15/1999)for restoration of the application filed under section 125 of the Criminal Procedure Code. She asserted that she was suffering from cold and fever since 23rd january, 1999 and was, therefore, absent on the date of hearing. She further asserted that the learned sessions Judge was misinformed that there was a settlement between the spouses. She filed Medical certificate of a Medical Practitioner in support of the application and urged to restore the proceedings.

(3.) THE respondent No. 1 resisted the application. The respondent No. 1 (husband)contended that the petitioner/wife deliberately remained absent on the date of hearing. He further contended that the application was not maintainable. He asserted that there was no sufficient reason for the wife to remain absent on date of hearing.