VIJAYKUMAR GUNDAPPA SHETKAR Vs. BHAGYWATI VIJAYKUMAR SHETKAR

JUDGEMENT

(1.) This application is filed, challenging the final judgment and order passed by 2nd Additional Sessions Judge, Latur in Criminal Revision Application No. 226/1994 dated 28 January, 2000 confirming the order passed by the 6th Jt. Judicial Magistrate, First Class at Latur in Criminal Misc. Application No. 156/1992 dated 30th September, 1999.

(2.) It is the case of the applicant that on 11.5.1980 the applicant husband and the respondent No. 1 had performed marriage as per their customs . The couple lived together till the delivery of their first child i.e. respondent No. 2 Kalawati.

(3.) On 10th September, 1988 the respondent wife had been to her parents home. The applicant had visited the place of his in-laws and attempted to bring his wife back. The parents of the wife were reluctant to sent her with the applicant. It was assured that after Makar-Sankrant of 1987, she will return back to her matrimonial home. However, she did not turned back. On 10.9.1988 when the applicant was out of station, the respondent wife returned back their matrimonial home along with one Mallikarjun Madhavrao Patil. Unfortunately, it was noticed that during the stay of Mallikarjun in their house on the particular date in the late night hours the respondent wife and said Mallikarjun were noticed to be staying in a room locking the doors of the bed room from inside. They did not opened the door and it was required to be broke open by the parents, his brother and other neighbours of the applicant husband by using force. This circumstance proved the illicit relationship of the respondent wife with said Mallikarjun. On 11.9.1988 the respondent wife left the matrimonial home permanently with said Mallikarjun and has not turned back till date.