ORDER

V. K. Jadhav, J. - Being aggrieved by the judgment and order dated 20.12.2016 passed by the learned Judge, Family Court, Nanded in Petition No. E-164 of 2014, the original opponent/husband has preferred this criminal revision application.

2. Brief facts giving rise to the present criminal revision application are as follows:-

a) It is the case of the respondent-wife that the respondent-wife has filed an application bearing Petition E-164 of 2014 before the Family Court, Nanded under section 125 of Cr.P.C., 1973 for grant of maintenance. The respondent-wife claims to be legally wedded wife of the present petitioner and their marriage was solemnized on 10.6.2006 at Udgir. She was treated well initially for 3 to 4 months and during this period she conceived. On 20.4.2007 respondent-wife gave birth to respondent No.2 Nandini. However, after about four months of the marriage, the petitioner husband and his parents started ill-treating the respondent-wife on petty reasons. She was abused and assaulted. The petitioner husband used to return the home at late hours in the night time under the influence of liquor. Even thereafter the petitioner husband had started demanding Rs. 70,000/- and subjected her to ill-treatment on account of nonfulfillment of said demand. In the month of July 2007, the petitioner husband had driven the respondent-wife out from his house and since then the petitioner-husband did not provide anything to the respondent-wife for her maintenance. Though the respondent-wife has filed Misc. Criminal application No. 50 of 2008 in the Court of J.M.F.C. Udgir under section 125 of Cr.P.C., 1973 on 9.6.2008, in term of compromise effected between them and since the petitioner-husband undertook good behavior, the parties resumed cohabitation. However, within one month therefrom, the petitioner-husband again started giving ill-treatment to the respondent-wife. Even though the parents of the respondent-wife arranged a meeting, however, the petitioner-husband refused for settlement and gave ultimatum for fulfillment of his monetary demand. Even during this period, the petitioner-husband did not provide anything for maintenance of respondent-wife.

b) Ultimately, the respondent-wife has filed H.M.P. No. 32 of 2012 in the Court of learned C.J.S.D. Nanded for dissolution of marriage under section 13 of Hindu Marriage Act. However, on assurance of good behaviour by the petitioner-husband, the respondent-wife withdrew the said H.M.P. Instead of abiding by the assurance given, the petitioner-husband has filed H.M.P. No. 65 of 2014 for dissolution of marriage in the court of learned C.J.S.D. Nanded and the same came to be dismissed on merits.

c) It is further case of the respondent-wife that the petitioner husband has refused and neglected to maintain them. The petitioner husband is serving as male nurse and drawing salary of Rs. 35,000/- p.m.. He also owns agriculture land, house property, vehicles, which provide regular income to him. The father of the petitioner-husband is retired Head Master, having pension and mother is also serving as teacher. None is depending upon the petitioner-husband. On the other hand, the respondents have no independent source of income and they are unable to maintain themselves. Respondent No.2 daughter is taking education in English school and considerable educational expenses are required.

d) The petitioner-husband has strongly resisted the application by filing his say. He has not disputed the relationship. However, the petitioner-husband has denied all adverse allegations made against him. According to him, the respondent-wife did not behave properly. When she went to her parental house for delivery, she returned after six months of delivery. She insisted the petitioner-husband to reside separately from his parents. However, being the only son, he could not reside separately. Thus, the respondent wife used to pick up the quarrels frequently.

e) Respondent-wife filed criminal application No. 50