ASHOK MAHADEORAO RAMATKAR Vs. RAJNI ASHOK RAMTKAR

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. By consent of the parties taken up for hearing immediately.

(2.) The respondent-wife along with her children had filed application for maintenance in the Family Court at Nagpur being petition No. E-2643 of 1996. That application was decided on 20-4-2000 and the request for maintenance by the respondent under section 125 of the Code of Criminal Procedure was rejected.

(3.) It is admitted by and between the parties that compromise materialised between the applicant and the respondent and they started staying together w.e.f. 12-9-2003. They stayed for about six months and thereafter the respondent left the house of the applicant on the ground that applicant had treated the respondent with cruelty. The applicant had filed petition for restitution of conjugal rights in the Court of Civil Judge, Senior Division, Pusad. In the said petition maintenance was awarded in favour of the respondent. The said petition came to be dismissed on 10-7-2006. It is noticed that the respondent, in the year 2006 had filed an application for maintenance under section 125, Criminal Procedure Code in the Family Court being petition No. E80 of 2006. This application was filed because the respondent was treated with cruelty after she has joined the applicant pursuant to the compromise which had materialised on 12-9-2003. The parties led evidence before the Court and the learned Judge of the Family Court came to the conclusion that the applicant had treated the applicant with cruelty, and therefore, the respondent was entitled to maintenance. The learned Judge of the Family Court considered the income of the applicant and decided the application and by order dated 9-1-2008 granted maintenance in favour of the respondent to the tune of Rs. 1,000/- per month w.e.f. March, 2006. This order dated 9-1-2008 is challenged in this revision application.