MEHER NIGAR Vs. SHAIKH HUSAIN

JUDGEMENT

(1.) The present petitioner, who is the wife of the respondent has challenged the order passed by the learned Additional Sessions Judge, Akola in Criminal Revision No. 73 of 1986 rejecting the petitioner's application for maintenance passed by the trial Court.

(2.) The facts of this case are rather interesting. The present petitioner and the respondent are a married couple and the marital ties still continue. Their marriage was celebrated on 1st of Feb. 1982. On 30.6.1983 the wife left the abode of her husband and since, then she continued to stay with her parents. On 23.6.1984 she filed an application against her husband for maintenance under Sec. 125 ,of the Code of Criminal Procedure. This was vide Criminal Case Not 80 of 1983. The trial Court rejected this application on the ground that there was no justifiable cause for her leaving the abode of heir husband. This order was challenged before the Sessions Court in revision, but that revision also was dismissed. Thus the rejection of the wife's claim for maintenance has become final.

(3.) On 6.8.1984 the 'wife filed a fresh application vide Misc. Criminal Case No. 94 of 1984 before the Judicial Magistrate, first Class, Akola for maintenance on the ground that the husband married a second wife on 28.12.1983 and because of this second marriage she was entitled to claim--Maintenance under Sec. 125 of the Code of Criminal Procedure. Ti'is case came to be transferred to another Court and the case was numbered as Misc. Criminal Case No. 118 of 1986. The trial Court by its order passed on 4.11.1986 granted maintenance at the rate of Rs. 100.00 per month. The husband challenged this order before the Sessions Court, Akola vide Criminal Revision Application No. 73 of 1986. The learned Additional Sessions Judge allowed this revision and rejected the application for maintenance. It is this order which has been challenged in this revision.