ANANT TATOBA UPADHYE Vs. SUMAN ANANT UPADHYE

JUDGEMENT

(1.) THIS Criminal Writ Petition is filed by the petitioner-Anant Tatoba Upadhye, who was original non-applicant-husband in the maintenance application, being Criminal Misc. Application NO. 133 of 1989, filed by the wife-Suman Anand Upadhye, in the Court of the Judicial Magistrate, First Class, Jaysingpur, for herself and for two minor children.

(2.) IN the maintenance application, the applicant-Suman Anant Upadhye has stated that she was married to Anant Tatoba Upadhye, petitioner herein, about 27 years back and the couple had admittedly four children. After the death of father-in-law of the applicant, the non-application went astray. He used to beat and harass the applicant. He also became addicted to many vices and started squandering money and drove away the applicant along with children. The applicant, therefore, was constrained to take shelter with her parents along with children. IN the year 1980, opponent-husband also married one girl by name Madhuri from Harpanharali, Karnataka, and that the said Madhuri was residing with the opponent. The opponent and the said Madhuri also had three daughters, who were residing with them. After the opponent married for the second time, he did not need the applicant at all and neglected her. Since the applicant was to depend entirely on her father, the present application for maintenance under Section 125 of the Code of Criminal Procedure, 1973, was made by her, on 13th November, 1989.

(3.) BEING aggrieved by the said Judgment and Order dated 30th August, 1990. Passed by the Judicial Magistrate, First Class, Jaysingpur, the applicant-Suman Upadhye filed Criminal Revision Application No.259 of 1990 in the Sessions Court, Kolhapur. The opponent Anant Tatoba Upadhye also filed cross Revision Application No.238 of 1990 in the Sessions Court against the order of granting of maintenance to the minor children.