CHANDRA PRAKASH Vs. SUMANBAI AND ANR.

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 21.6.86 passed by the Sessions Judge, Akola in Criminal Revision No. 241 of 1985 arising out of the judgment dated 12.9.1985 passed by the Judicial Magistrate First Class, Akot in Misc. Criminal Case No. 14/1985, the applicant has filed this Criminal Revision.

(2.) The facts in brief are that the non-applicant No. 1 (hereinafter referred to as "the non-applicant") filed an application under Sec. 125 of the Code of Criminal Procedure against the applicant claiming maintenance at the rate of Rs. 400.00 per month on the allegation that she was legally married to the applicant in 1979 at Belkhed and the said marriage was still substing. According to her allegations, initially she went to cohabit with the non-applicant at his house, but subsequently the non-applicant was not taken to the village Panchagavan where the applicant came to be posted. She, therefore, could not cohabit with the applicant and was made to reside with her mother-in-law. The further allegations was that her mother-in-law ill-treated her saying-that she was suffering from leprosy and veneral disease. The applicant used to demand divorce from the non-applicant and on her refusal, she was always severely beaten. It was her case that about one and half years prior to the filing of the application under Sec. 125 of the Code of Criminal Procedure, she was brought to the house of her parents and she was compelled to stay there. The applicant never bothered to pay maintenance. The applicant was earning 950.00 per month and he could, therefore, spare Rs. 400.00 per month for her maintenance.

(3.) The claim made in the application was resisted on various grounds by the applicant. While admitting the relationship as husband and wife, he denied all the allegations made against him. He in fact submitted that a notice was served on the non-applicant calling upon her to resume for cohabitation. It was his case that on 31.6.1982 he went to her parents place on the ground of illness of her mother and the non-applicant never bothered to return for more than nine months while she was at her parent's house. It was alleged by the applicant that she contacted veneral disease. For this purpose it was pleaded that the non-applicant used to develop cracks in the skin at various places. He tried to give medical treatment to the non-applicant, but she did not take medicines. He had also to abstain from sexual intercourse for sometime as a consequence of treatment. On 11.12.1983 the non-applicant went to her mother's place with Vithal Umbarkar and did not return to her matrimonial home. Though letters went sent, there was no response. He claimed that he earned Rs. 320.00 month out of which he was required to pay Rs. 100.00 per month to his wife pursuant to the order of the Civil Court where he had instituted a matrimonial petition for restitution of conjugal rights. The ultimate prayer was that the application should be dismissed.