PRAHLAD Vs. INDUBAI AND ANOTHER

JUDGEMENT

(1.) By this Application husband the applicant Prahlad Khandekar has questioned the validity and correctness of order dated 8th Nov., 1985 passed by the learned Additional Judge, Bhandara, where under he has reversed the order dated 28th May, 1984 passed by the Judicial Magistrate, first Class, Bhandara, rejecting the application of he respondent wife for maintenance under Sec. 125 of the Code of Criminal Procedure.

(2.) The applicant Prahlad married with Indubai about 25 years before. Initially he had no employment. Immediately after the three years of marriage he secured an employment in the Ordnance Factory, Bhandara. He continued to attend his job at the Ordnance Factory while residing at Mahadula, his native place. Out of the wedlock the parties had six children. In the year 1980, the applicant Prahlad was allotted official quarter by the factory at the place known as Jawahar Nagar. The applicant thereupon with his mother and five children shifted to the official quarter at Jawahar Nagar. However, at this stage, in 1980 the non-applicant Indubai did not join with him and refused to reside with him at Jawahar Nagar. She continued to stay at Mahadulla.

(3.) The non-applicant Indu in 1983 applied to the Trial Court under Sec. 125 of the Criminal Procedure Code, claiming maintenance from her husband applicant on the ground of desertion and refusal to maintain her. Sum and substance of her allegation is that after the departure of husband to a place known as Jawahar Nagar she came to know that her husband kept a mistress a lady from Nagpur. On getting this information she rushed to Jawahar Nagar. The case of the applicant wife was that the applicant husband deserted her and also driven her from house and in support of her claim she examined herself. The applicant husband denied the allegations. According to him, the wife deliberately refused to join with him at Jawahar Nagar as she had developed illicit relations with one villager of Mahadulla.