(1.) INHERENT powers of this Court are sought to be invoked for quashing the maintenance order in favour of the wife, passed by the Judicial Magistrate, First Class, Nagpur, in Misc. Criminal case No. 18/85 and duly confirmed by the Sessions Judge, Nagpur, in Criminal Revision No. 730/86 on 30-11-1988.
(2.) IT is no longer disputed at this stage that the present applicant and the present non-applicant were married together long back and the marital ties till continued. It was the case of the present non-applicant before the Judicial Magistrate First Class, Nagpur that in or about 1977 she was deserted and driven out of the house of her husband-the present applicant. It was her contention that she is unable to maintain herself. That her husband has sufficient means to maintain her. It was also contended by her that she was neglected and/or, refused to be maintained. She, therefore, filed an application for maintenance under Section 125 Criminal Procedure Code, claiming the maintenance of Rs. 300/- per month.
(3.) THE claim was opposed by the husband vide his reply Exhibit 14. The allegations of cruelty, neglect and refusal to maintain are denied. It was his case that the wife of her own volition, deserted the husband, leaving 5 minor children. The wife had illicit relationship with one murlidhar. Since then i. e. since the year 1977 she has not cared for the family and she is leading the life of adultery. It was also contended by him that he had purchased one house in the name of his wife and that house is in occupation of his wife even today. On these counts the claim was opposed.