JUDGMENT - M.L. PENDSE, J.:---The petitioner married respondent No. 1 on May 20, 1977 and a daughter, respondent No. 2 was born out of the wedlock on May 3, 1978. The parties fell apart within four months of the marriage and the wife started residing with her parents. On October 29, 1979 and on January 23, 1980, the petitioner made efforts to bring his wife back to matrimonial home but the efforts did not succeed for one or the other reason. On January 24, 1980, the petitioner served legal notice on the wife requesting her to return back to matrimonial house. The wife gave reply on February 14, 1980 complaining that she was required to leave the house due to the cruel treatment meted out by the petitioner. On February 19, 1980, the petitioner instituted Reg. Civil Suit No. 171 of 1980 against the wife claiming restitution of conjugal rights. The wife filed written statement on September 10, 1980.

2. On September 11, 1980, the wife along with her minor daughter instituted Criminal Miscellaneous Application No. 33 of 1980 in the Court of Judicial Magistrate, I Class, Solapur, under section 125 of Code of Criminal Procedure. The wife claimed that she and her minor daughter are unable t

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