SATYABHAMBAI BALASAHEB SURYAWANSHI Vs. BALASAHEB NAMDEO RAO SURYAWANSHI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally.

(2.) The petitioner and the respondent entered wedlock prior to about 30 years. The case of the petitioner before the Ld. Magistrate (F.C) in the proceedings under Section 125 of the Code of Criminal Procedure was that after some period of the marriage, sub was ill treated by the respondent she could not conceive and the respondent was demanding Rs. 25,000/- from her parents. He subjected her to cruelty. He eventually drove her out of the matrimonial house. She entered into house of her brother. Though she attempted 4-5 times for restitution of conjugal rights yet, he refused to restore matrimonial relations with her. Thus he neglected and refused to maintain her. She is unable to maintain herself. The respondent (husband) however is owner of about 20 acres of agricultural land which is fertile. He earns income of about 10.00 Lacs per year from the agricultural lands. He runsa grocery shop, owns a tractor and a truck. He is thus having sufficient means and yet has not provided any maintenance allow. Hence to her.

(3.) The respondent asserted that, wife left his company befoare long and ultimately there took place divorce by mutual consent. The divorce was recorded in an agreement deed executed by the petitioner on 31.03.1994. At the time of such divorce, he gavel amount of Rs. 10,000/- to the petitioner towards full and final settlement of the claim of the maintenance allowance. Consequently, she abandoned her right to recover any maintenance allowance for the future period, He further alleged that she is owner of the agricultural land gat No.164 consisting of 54 Rs. area and in thus having sufficient means of livelihood. He alleged that he is unable to provide separate maintenance allowance because he has not sufficient means and that due to subsequent marriage performed by him because, after the divorce he is required to maintain wife and three children. On these premises, he sought dismissal of the application for separate maintenance allowance.