DAMU SRIPATI WAGHMODE Vs. SOU NAGAR DAMU WAGHMODE

JUDGEMENT

(1.) IN this petition, the petitioner seeks setting aside of the order dated 8-1-1993 passed by the Additional Sessions Judge, Pandharpur, in Criminal Revision Application No. 122 of 1989. He also prays that the order of the trial Court in Criminal Misc. Application No. 299 of 1988 be restored.

(2.) THE petitioner was married to respondent No. 1 in the year 1975. Respondent No. 1 filed application for maintenance against the petitioner under section 125 of the Code of Criminal Procedure (for short "the Code") being Misc. Application No. 171 of 1979 in the Court of Judicial Magistrate, First Class, Pandharpur. Admittedly, the learned Magistrate awarded maintenance at the rate of Rs. 60/- per month to respondent No. 1.

(3.) RESPONDENT No. 1 preferred Misc. Application No. 80 of 1982 for enhancement of maintenance. There is no dispute that the maintenance amount was enhanced from Rs. 60/- to Rs. 90/- per month by the learned Magistrate. It appears that as the petitioner was not regular in paying maintenance, respondent No. 1 started recovery proceedings. An application being Criminal Misc. Application No. 133 of 1985 was filed by her in the Court of Judicial Magistrate, First Class, Pandharpur, for recovery of the maintenance amount. During the pendency of the execution proceedings, the petitioner paid a sum of Rs. 10,000/- to respondent No. 1. Respondent No. 1 accepted the said amount. She filed a purshis in the Court saying inter-alia, that, the petitioner was unable to pay her the maintenance amount and on account of that he was imprisoned on three occasions. She stated therein that there was a compromise between her and the petitioner and the petitioner had paid a sum of Rs. 10,000/- to her as and by way of permanent maintenance. Respondent No. 1 acknowledged the fact that, she had received the said amount of Rs. 10,000/- and she stated that she had given up her right of maintenance for all times. She also filed another purshis recording that she had received a sum of Rs. 10,000/- for future maintenance and that she did not want to prosecute the present application being Criminal Misc. Application No. 133 of 1985 i. e. , application for recovery of arrears of maintenance. The learned Magistrate passed the following :