SAU DAGDABAI BHILA MORE Vs. BHILA GOVIND MORE

JUDGEMENT

(1.) WIFE has filed this petition challenging the order dated 30th May, 1989 passed by the learned Addl. Sessions Judge, allowing the Criminal Revision application No. 89 of 1988 filed by the husband Respondent No. 1 and quashing the order of the JMFC, Malegaon dated 29-8-1988 whereby she was granted maintenance at the rate of Rs. 200/- per month.

(2.) THEE marriage between the petitioner-wife and Respondent No. 1- husband is not in dispute. After her marriage for three years before the filing of the application for maintenance on 23-8-1985 she stayed for some time with the husband and thereafter was driven away from her matrimonial home. According to the petitioner-wife she used to be ill-treated by her husband and by her mother-in-law. Her husband used to beat her and her mother-in- law used to incite him to beat her. The mother-in-law used to ask her husband to drive away the wife from home and say that he would get another woman to marry. She used to be starved in the house by her husband who was also addict to liquor and used to beat her in the odd hours in the night. Even the intervention of her father did not help. The husband told him that he did not require his daughter and wanted to get the marriage dissolved After she had left the matrimonial house the husband had sent a notice dated 20th June 1985 making false allegations which were replied to on behalf of the wife by letter dated 12-8-1985. The case of the husband was that wife was not willing to cohabit with the husband along with his parents and wanted her husband to stay separately from his parents. During the pendency of the application it appears that the wife had gone to stay with the husband at the intervention of some persons but she could not stay there for long and returned back to her parents house.

(3.) THE trial Court after appreciating the entire evidence on record held that the husband had neglected to maintain his wife and, therefore, was entitled to receive separate maintenance from the husband. After considering the evidence with regard to the income of the husband the trial Court granted maintenance to the wife at the rate of Rs. 200/- per month from the date of the application i. e. 23-8-1985.