AYESHABI SHAIKH AKBAR Vs. SHAIKH AKBAR SHAIKH GANI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by consent of learned counsel for the parties.

(2.) By this petition, petitioners impugn judgement and order dated 08-01-2008 rendered by learned Ist Adhoc Additional Sessions Judge, Parbhani, in Criminal Revision Application No. 107/2006, to the extent of refusal to grant maintenance allowance to the petitioner No. 1. They further seek modification in the order rendered by the learned Judicial Magistrate (F. C.), Sailu and urge for separate maintenance allowance at rate of Rs. 1500/- p. m. for the petitioner No. 1.

(3.) By filing his written statement (Exh-22), the respondent resisted the application of the petitioners before the learned Magistrate. He alleged that the petitioner No. 1 left his house without his prior permission and on her own accord. He further alleged that she was never interested in cohabitation with him. He alleged that she insisted him to reside at Sailu near her parental village. He contended that when he expressed inability to leave the house wherein his parents are residing, she left his company. He attempted to fetch her back. She did refuse to join his company. He filed a representation before the Women's Grievances Redressal Forum (Cell), Parbhani on 07-03-2000. The petitioner No. 1 did not resume the consortium though she was directed by the Women's Grievances Redressal Forum (Cell ). He sent a notice to her on 12-07-2001, yet, she did not turn up. He ultimately filed proceedings for restitution of conjugal rights in the Family Court at Aurangabad. He alleged that he is unemployed and has no sufficient source of income. He disputed the quantum of allowance claimed by the petitioners.