MAHADEV LAXMAN HONAGEKAR Vs. MALATI MAHADEV HONAGEKAR

JUDGEMENT

(1.) HEARD the learned Counsel; Mr. Patil for the Petitioner, Mr. Salunke for respondent No. 1, and Ms. Kamal A. P. P. for the Respondent No. 2-the State of maharashtra.

(2.) THIS writ petition has been filed by the Petitioner husband challenging the common Judgment and order dated 10th August, 1990 passed by the learned 3rd additional District and Sessions Judge, Kolhapur, in Criminal Revision Application nos. 143/1988 and 67/1990.

(3.) THE brief facts giving rise to this Writ Petition are that the Petitioner husband had married with the Respondent No. 1 wife in the month of May, 1976 at village Shivanage, Taluka-Chandgad, District-Kolhapur. From the said wedlock a male child namely Vijay was bom on 19th January, 1978. It is the case of the respondent wife that right after the birth of the said child, Petitioner husband used to illiterate her. He used to beat her on the ground of not bringing golden ornaments and cash amount from her parents. Petitioner husband repeatedly used to assault her physically. It is the case of the Respondent wife that the Petitioner husband did not provide for food, clothing and medicines and therefore she was required to depend upon her parents. It is submitted on behalf of the Respondent wife that she was physically and mentally tortured by the Petitioner-husband. It is an admitted position that the Petitioner-husband had filed a petition for divorce in the Year 1982 against the Respondent-wife which was ultimately compromised with the condition that the petitioner-husband would take back the Respondent-wife and maintain her properly, whereas the Respondent-wife contends that even thereafter the illtreatment at the hands of Petitioner-husband continued. In the month of May, 1984, the petitioner-husband had driven out the Respondent wife out of the matrimonial home and had never taken her back, nor provided for any maintenance. The respondent-wife was forced to live with her parents. Finally the Respondent-wifehad filed an application before the learned Judicial Magistrate First Class, Chandgad, for maintenance, being Criminal Misc. Application No. 29/1987, under Section 125 of the Code of Criminal Procedure, Claiming an amount of Rs. 500/- Per month by way of the maintenance. In the said application, the Respondent-wife has pointed out that the Petitioner-husband was repeatedly illtreating and harassing her so as to bring golden ornaments and cash from her parents. She had also pointed out that she was required to live with her parents and finally in the year 1987, she had approached the Court for grant of maintenance. In the said application, the respondent-wife had pointed out that the Petitioner-husband was earning over an amount of Rs. 3,000/- per month as a Lecturer, and was getting Rs. 30,000/- Per year as and by way of agricultural income. Ultimately, after the evidence was led by both the sides before the learned Magistrate, the learned Magistrate has come to the conclusion that the petitioner-husband had refused and neglected to maintain the Respondent-wife. The learned Magistrate has also come to the conclusion that the Respondent wife is unable to maintain herself, and that the petitioner-husband has sufficient means to maintain his wife as he was serving as a lecturer and was also getting about Rs. 30,000/- annually as and by way of agricultural income. After considering all the documents and the evidence led before him, the learned Magistrate has finally determined the monthly maintenance to be paid to the Respondent wife at Rs. 150/- per month. Accordingly, the learned Magistrate had directed the petitioner-husband to pay to the Respondent-wife a monthly maintenance of Rs. 150/- from the date of the said application which was filed on 8th June, 1987.