BABANRAO RAMBHAU BORHADE Vs. CHANDRABHAGA BABANRAO BORHADE

JUDGEMENT

(1.) In this Criminal Revision Application, the issue of maintenance under Section 125 of the Code of Criminal Procedure, 1973 ("the Cr.P.C.") is involved.

(2.) Respondent No.1-wife i.e., the original applicant, had filed Misc. Application No. 138 of 1994 for maintenance under Section 125 of the Cr.P.C. By the judgment and order dated 11th January 1999, the learned Judicial Magistrate First Class, Rajgurunagar dismissed the said application. Against which, respondent No.1-wife had filed Criminal Revision Application No. 61 of 1999 before the Sessions Court, Pune. The learned 4th Additional Sessions Judge, Pune allowed the said application by the judgment and order dated 20th March, 2001 and directed the applicant-husband i.e., original Opponent No.1, to pay maintenance of Rs. 500/- per month to respondent No.1-wife from 8th July, 1994.

(3.) It is the case of respondent No.1-wife that a marriage was performed between the applicant and respondent No.1 nearly 30 years prior to 1994. After marriage, within two years, respondent No.1-wife had to leave the house of her husband due to ill treatment and the physical assault at the hands of applicanthusband.