YOURAJ PANDIT PATIL Vs. SAYANKABAI YUVRAJ PATIL

JUDGEMENT

(1.) The above referred petition came up for final hearing today. Heard Both sides.

(2.) The material facts, briefly stated are as under:

(3.) A decree for conjugal rights was passed in favour of the petitioner/husband on 04.08.1984. It was held that wife had deserted to the petitioner without any sufficient cause on his part. Lateron, on 06.07.1987 the petitioner succeeded in getting a decree for dissolution of marriage and divorce. The respondent/wife continued to stay jointly with her parents. Lateron, she was advised to file proceeding under Section 125 of Code of Criminal Procedure, 1973 for claiming separate maintenance. An amount of Rs.200/- was ordered initially by the learned Judicial Magistrate, F.C., Amalner. The order passed by the learned Judicial Magistrate, F.C., Amalner under Section 125 of the Code of Criminal Procedure, 1973 further challenged by the petitioner/husband in revision before the learned Additional Sessions Judge, Amalner and thereafter in Criminal Writ Petition No.131 of 1996 before the High Court, mainly on the ground that it was the respondent/wife who herself deserted her husband and, therefore, she was not entitled for separate maintenance. The Criminal Writ Petition was decided by an order dated 24th December, 1999 and the contention of the petitioner/husband was upheld and the order of learned Judicial Magistrate, F.C. granting maintenance of Rs.200/- per month to the respondent/wife was quashed and set aside. In the meantime, the petitioner had already deposited Rs.8,700/- towards the arrears of the maintenance as per the original order passed by the learned J.M.F.C., under Section 125 of the Code of Criminal Procedure, 1973. Admittedly, said amount was received by the respondent/wife.