MINABAI KAKASAHEB BODAKHE Vs. KAKASAHEB MANIKRAO BODAKHE

JUDGEMENT

(1.) This petition is filed challenging the final judgment and order passed by the learned 1st Ad hoc Additional Sessions Judge, Ahmednagar in Criminal Revision Application No. 130/2005 dated 23rd February 2006.

(2.) It is the case of the petitioner that on 12.8.2003 petitioner filed application bearing Criminal Misc. Application No. 79/2003 for maintenance. In the said application, the petitioner stated that the marriage between petitioner and respondent No. 1 solemnized on 12.8.2001. After the marriage of petitioner, she went to the house of respondent No. 1 for cohabitation. Initially, respondent No. 1 has treated her well for the period of three months. Thereafter respondent No. 1 and his family members started harassing the petitioner and also asked to bring money from her parents. The petitioner unable to fulfil the demands of respondent No. 1 and his family members, the respondent No. 1 and his parents drove the petitioner out of the house after beating her and they did not allow her or permit her for cohabitation with respondent No. 1. The petitioner filed Hindu Marriage Petition No. 118/2002 under section 9 of the Hindu Marriage Act for restitution of conjugal rights. During pendency of that petition, petitioner joined the company of respondent No. 1 with the help of mediators but again respondent No. 1 has not properly treated her and lastly husband again disallowed her to reside with him. She filed Criminal Misc. Application No. 79/ 2003 against respondent No. 1 under section 125 of Cri.P.C.

(3.) On 23rd February 2006, the 1st Ad hoc Additional Sessions Judge, Ahmednagar pleased to partly allow the Criminal Revision Application No. 130/2005 filed by the respondent No. 1 and order of maintenance is modified though, the learned J.M.F.C. Shevgaon after considering entire evidence on record, directed the respondent No. 1 to pay Rs. 800/- per month as a maintenance to the petitioner. The same order is modified . and husband is directed to pay maintenance amount to the extent of Rs. 500/- per month.