MANGLABAI CHHOTULAL GAIKWAD Vs. CHHOTULAL KASHIRAM GAIKWAD

JUDGEMENT

(1.) On 7.7.2004 the applicant filed Criminal Misc. Application No.96/2004 before the Judicial Magistrate (F.C.), Nandurbar praying therein maintenance of Rs. 1500/- per month from the respondent, for herself and three children. Her marriage was solemnized about eight years prior and still it is subsisting. They have two daughters and one son.

(2.) It is the case of the applicant that for seven years after her marriage she was treated well in the family. When the petitioner was pregnant, about one year before the date of application, she was not keeping good health. During sickness, she delivered the youngest daughter Manisha at the house of the respondent. She was badly in need of medical treatment, however, respondent neglected and did not provide proper medical treatment. She informed this to her parents and her parents visited her and also requested the respondent to provide proper medical treatment. The respondent, however, dropped the petitioner at her parents house where she had to reside since she was not in good health. The respondent kept with him the youngest daughter Manisha and told the applicant that she should come back after recovers from her ailment. The applicant on next day sent her brother to the house of the respondent to fetch daughter Manisha, however, the respondent did not send the daughter Manisha to the applicant's brother. About after 20 to 22 days when the applicant recovered from her ailment she along with her parents and the panch of the village went to the house of the respondent with a request that she should resume cohabitation with the applicant. The respondent refused and drove away the applicant from his house and warned that the applicant should not enter his house again otherwise he would kill her.

(3.) It is further case of the applicant that the applicant on two more occasions after a gap of fifteen days attempted to convince the respondent to resume cohabitation and join his company was made. However, said attempt was not materialised in view of the respondent's behaviour. The applicant was forced to reside with her parents on 27.6.2004, when the applicant had been to the house of respondent to fetch her younger daughter Manisha, the respondent abused and assaulted her by fist blows and drove her out of his house and said that he would not allow the applicant to meet their daughter.