VITTHAL RAO Vs. RATNAPRABHA

JUDGEMENT

(1.) Applicant Vitthalrao married Ratnaprabha non-applicant in the year 1965. Kumari Vandana is born out of the said wedlock. The non-applicant Ratnaprabha in 1967 applied for maintenance under Sec. 125 of the Code of Criminal Procedure. The learned Magistrate on 15th Feb., 1968 awarded maintenance at the rate of Rs. 50.00 per month to her and Rs. 10.00 to her daughter Ku. Vandana.

(2.) The non-applicant vide Miscellaneous Criminal Application No. 30 of 1978 initiated the proceedings under Sub-section (3) of Sec. 125 of the Code of Criminal Procedure claiming enforcement of the order of maintenance. The applicant filed the objection in the said proceedings alleging that non-applicant Ratnaprabha re-married on 15th June, 1972 with one Balaji Aniwal of Hinganghat and said Balaji also adopted Ku. Vandana as his daughter. The applicant, therefore, contended that non-applicant is not entitled for maintenance. The applicant adduced the evidence regarding the second marriage of the non-applicant Ratnaprabha. The learned Magistrate, however, observed that the evidence is not sufficient to reach to the conclusion that Ratnaprabha remarried with one Balaji Aniwal. The learned Magistrate, therefore, by an order dated 13th Feb., 1984, rejected the objection of the applicant and directed the order of maintenance to be enforced.

(3.) The applicant thereafter presented Criminal Revision Application before this Court questioning the order dated 13th Feb., 1984. However, this Court rejected his revision observing that the applicant failed to produce the marriage certificate of marriage between Ratnaprabha and said Balaji.