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1997 Supreme(Bom) 344

VISHNU SAHAI
Pundurang Barku Nathe – Appellant
Versus
Leela Pandurang Nathe and another – Respondent


JUDGMENT - VISHNU SAHAI, J.:---By means of this revision application the petitioner has impugned the judgment and order dated 7-10-1992, passed by the Additional Sessions Judge, Nasik, in Criminal Revision Application No. 191 of 1990, whereby the judgment and order dated 23-4-1990 passed by the Judicial Magistrate, First Class, Dindori, dismissing the application of respondent No. 1 for maintenance under section 125 Cr.P.C has been reversed and the petitioner has been directed to pay to the respondent No. 1 maintenance at the rate of Rs. 150/- per month.

2.The facts in brief are :-

Respondent No. 1 Leela Pandurang Nathe, is the wife of the petitioner. The couple had 4 children; the eldest being a son, Rajaram. It is alleged by respondent No. 1 that the petitioner used to ill-treat her. One day the petitioner assaulted respondent No. 1 and drove her out of the house and also demanded divorce from her.

In her application for maintenance respondent No. 1 alleged that the petitioner had refused to maintain her and prayed that as he was possessed of sufficient means she should be paid a monthly maintenance at the rate of Rs. 500/-.

3.Evidence was led by the parties before the trial Court.






















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