SHOBHATAI SURESHRAO YEOLE Vs. SURESH BAJIRAO YEOLE

JUDGEMENT

(1.) THIS Criminal Revision Application is filed by the petitioner/original Applicant -wife, being aggrieved by the Judgment and Order dated 9th July, 1992, passed by the learned Additional Sessions Judge, Satara, allowing the Revision Application No. 101 of 1990, filed by Respondent No. 1/original Opponent-husband and setting aside the order dated 31st March, 1990 passed by the learned Judicial Magistrate, First Class, Vaduj in Criminal Misc. Application No. 93 of 1988.

(2.) FEW facts, which are required to be narrated briefly, are as follows: The present petitioner/shobhatai Yeole made an application being Misc Application No. 93 of 1998 under Section 125 of the Code of Criminal Procedure in the Court of Judicial Magistrate, First Class at Vaduj. She has stated that she was married to Opponent/respondent No. 1/ Suresh Yeole on 15th June, 1986 at village Wadi. After marriage, she went to Bombay to cohabit with Respondent No. 1. However, in her matrimonial home at Bombay, Respondent No. 1 and his mother, who was running a mess there, started ill-treating her. They used to beat her frequently and were demanding Rs. 5,000/- for purchasing Auto rickshaw. They also were asking her to bring cooking pots. They were threatening her that if she failed to bring above mentioned items, they would tie her and push her in a well. They also used to keep her starving. The contention of the applicant/wife was that one day, the opponent/husband reached her at Karandewadi. There is no issue out of the said wedlock. Efforts were made by her father and paternal uncle for conciliation. However, the opponent and his mother refused to allow her to come back to her matrimonial home. The case of the applicant/wife further is that the opponent/husband on 10th May, 1988 performed second marriage with one Manda D/o Rangarao Babu More of village Morewadi, District Sangali and after the second marriage, the opponent and his second wife Manda were residing happily.

(3.) THE case of the opponent/husband was that his economic condition was poor though he had admitted that his mother was running a mess. He contended that the applicant/wife's behaviour was not good and she used to avoid household work. It was further contended by him that on 7th October, 1986, she purchased Stamp Paper of Rs. 50 and signed it and asked the opponent/husband to write contents in it and that thereafter, she left the house voluntarily and deserted him. It is further contended by him that the opponent/husband himself along with his maternal uncle Shankar Hanumant Bhosale, his mother and one Sampat Barbai Thorat went to Karandewadi and made efforts to bring her back. He further averred that he was still ready and willing to take her back and prayed that the applicant's application for maintenance be dismissed.