SUDHA Vs. DINKARRAO

JUDGEMENT

(1.) The petitioner, who happens to be the wife of the respondent, has challenged the order passed by the Sessions Judge, Nagpur in Criminal Revision Application No. 404 of 1986 on 9.1.1987 allowing the revision against the order passed by the Judicial Magistrate, First Class, Second Court, Nagpur in Miscellaneous Criminal Case No. 39 of 1983 on 17.2.1986 by which a monthly maintenance of Rs. 150.00 was granted to her.

(2.) The present petitioner and the respondent were widow and widower prior to 1974. In 1974 they married each other. This was on 28.6.1974. It is the case of the petitioner-wife that she was ill-treated by the respondent-husband and driven out of the house. She came to Nagpur and started living in Purva Vidharbha Mahila Parishad Hostel. She is staying here since then. It is her case that she continues to be the wife of the respondent. She is unable to maintain herself. Her husband has neglected and/or refused to maintain her for all these years without any justifiable cause. She, therefore, claims maintenance of Rs. 400.00.

(3.) The claim was resisted by the husband on different counts. He denied that he ever neglected or refused to maintain the petitioner. The allegations of ill-treatment are also denied. According to him, the petitioner herself left his abode voluntarily as long back as in 1974 for good and since then she is staying at Nagpur. She is not entitled to any maintenance. The learned Judicial Magistrate, First Class, Nagpur on trial found that the respondent treated the petitioner with cruelty and deserted her. On his ground, he allowed her maintenance of Rs. 150.00 per month.