2013 Supreme(Bom) 1206
IN THE HIGH COURT OF JUDICATURE AT BOMBAY (AURANGABAD BENCH)
T.V. NALAWADE, J.
Hitesh s/o. Bhagwan Vinchurkar (Sonar)
Vs.
Sau. Priyanka w/o. Hitesh Vinchurkar (Sonar) & Ors.
Criminal Writ Petition No. 216 of 2011
Decided On: 4th July, 2013
Shri. A.G. MAGARE, Advocate for Petitioner.
Shri. P.S. GAIKWAD, Advocate for Respondent nos.1 & 2.
Shri. P.N. MULAY, APP for Respondent no.3.
Headnote:CRIMINAL PROCEDURE CODE, 1973 - Section 125 - Grant of maintenance to wife.
Since financial condition of husband and his parent is sound hence grant of maintenance of Rs. 1,500/- p.m. to wife living separately due to harassment by husband not improper.
The Petition is filed to challenge the judgment and order delivered by Additional Sessions Judge, Kopargaon, Dist. Ahmednagar, in Criminal Revision No.21/2010. This revision was filed by the present petitioner against judgment and order of Misc. Application No. 190/07 which was pending the Court of JMFC Kopargaon. The proceeding before JMFC was filed by respondent nos. 1 and 2 under Section 125 of Cr.P.C. and the JMFC has granted total maintenance of Rs.1500/- in favour of the respondents. Both sides are heard.
2. It is the case of wife that she was given in marriage to the present petitioner in the year 2005 and son Om is born to her out of this wedlock. It is her case that at the time of the marriage, gold ornaments and other household items were gifted by her parents and the marriage expenses were born by her parents but the husband and relatives were not satisfied with these gifts. It is her case that after few days of the marriage, ill treatment was started to her by husband and relatives.
3. The wife has made specific allegations against the husband that his behaviour was strange, he used to take pills and used to harass her sexually. She has contended that the husband had taken her nude photographs and when she asked about it, he gave threats to her. It is her case that she somehow tolerated the ill treatment but the husband then started demanding Rs.2 lac from her parents as he wanted to invest this amount in gold-smith shop. It is her case that the demand was not met with, so more ill treatment was given to her. It is her case that when she was carrying 9 months, she was sent to the house of parents and warning was given that she should not be sent to matrimonial house unless demand of Rs.2 lac was met with.
4. It is the case of the wife that she delivered male child but the husband did not come to the house of her parents to see the child. It is her case that the husband put a condition that the amount of Rs.2 lac must be paid to him first. It is her case that she gave notice to the husband but false reply was given to the notice by the husband. It is her case that due to ill treatment given by husband, she gave report against the husband to the police and police filed case against husband. It is the case of the wife that she has no source of income and she is unable to maintain herself and the son. It is her case that the family of the husband and his parents own gold smith shop and tailoring firm. It is her case that the brother of the husband has opened new gold smith shop at Nizampur. It is her case that the annual income of husband is Rs. 4-5 lac and he is in a position to give separate maintenance. Before JMFC, she had claimed maintenance at the rate of Rs. 1500/- for herself and for the child.
5. The husband filed reply and he denied aforesaid allegations. The husband has contended that the wife was brought up by husband of her sister Dilip Kapile and she has great attachment towards Dilip Kapile. It is his case that after marriage, wife used to go to the house of Dilip Kapile and she used to stay there. It is his case that inspite of giving warning by him that she should not go to house of Dilip Kapile, the wife kept on visiting house of Dilip Kapile.
6. It is the case of the husband that when the wife was carrying of 9 months, she was taken to her parents house by her parents even when he was not ready to send her and when treatment of Dr. Shah was going on. It is his case that it was not informed to him that issue was born. It is his case that he is still ready to resume cohabitation. It is his case that he has filed proceeding for restitution of conjugal rights. It is his case that he is driven out of house by his parents due to the conduct of the wife and he is doing labour work in some gold smith shop for his livelihood. Before JMFC, wife examined herself and she examined 2 witnesses like her father and Dilip Kapile. She has produced some record with regard to the property and the business of the hu