SUSHILABAI Vs. RAVAN ELJI PATIL

JUDGEMENT

(1.) THIS petition is filed by the petitioner/wife for maintenance under section 125 of the Criminal Procedure Code against the respondent/husband. Both the courts below rejected her application for maintenance.

(2.) IT is an admitted case of both the parties that the petitioner had filed petition for maintenance earlier and while pending the said petition the parties had compromised and executed an agreement on 14-11-1975 where by the petitioner had received Rs. 7500/- in lieu of maintenance and she had agreed that she will not claim further for any maintenance from the respondent/husband. In view of this agreement the petition filed by the petitioner before the learned Magistrate in Misc. Application No. 91 of 1987 was dismissed as the petitioner had surrendered the right to get maintenance under section 125 of the Cr. P. C. as per that agreement. Against that order the petitioner filed Criminal Revision Application No. 245 of 1989 which was also dismissed by the learned Additional Sessions Judge, Dhule by his order dated 12-10-1990. Against this order, the petitioner has approached this Court by way of this petition.

(3.) I heard Counsel Mr. P. M. Shah for the petitioner, Mr. R. S. Mhamane for respondent No. 1 and A. P. P. Mr. D. P. Adsule for the State-respondent. After hearing both the sides I find that the petition is liable to be dismissed.