ANUSAYA DAULAT THAKARE Vs. DAULAT RAJARAM THAKARE

JUDGEMENT

(1.) THE petitioner herein had filed an application for maintenance for herself as well as two minor children. The Chief Judicial Magistrate, Nasik, after considering the material on record was pleased to order maintenance of Rs. 200/ - per month for the petitioner herein and Rs. 100/ - each for the Applicant Nos. 2 and 3 from the date of the order.

(2.) THAT the petitioner and respondent No. 1 were married is not in dispute. The only question was whether the respondent No. 1 was bound to maintain the petitioner as it was the contention of the respondent No. 1 that the petitioner had left the matrimonial home on her own, while considering the case of the applicant it has come on record that she was unable to maintain herself. Therefore, the only question was whether the respondent No. 1 was bound to maintain her. The case of the respondent No. 1 that it was the petitioner who had deserted the matrimonial home was disbelieved by the Magistrate. Two children were born out of the said wedlock. In these circumstances, the Magistrate drew an inference that it was impossible to believe that the petitioner would desert the respondent No. 1 herein. In fact the petitioner had expressed the desire to cohabit with the respondent. Considering all that maintenance was ordered.

(3.) THE act of the Revisional Court in acting as the Appellate Court and reappreciating the evidence is contrary to the provisions of Section 397 of Cr.P.C. In the light of that the Criminal Writ Petition is allowed. The order dated 7th November, 1990 in Criminal Revision Application No. 324 of 1989 and Criminal Revision Application No. 284 of 1989 in so far as the petitioner is concerned is quashed and set aside and the order of the Magistrate dated 25th April, 1989 is restored. In the circumstances of the case there shall be no order as to costs.