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J.G.CHITRE
Kamlabai – Appellant
Versus
Narayan – Respondent
Based on the provided legal document, the court held that maintenance under Section 125 of the Criminal Procedure Code is not granted to a wife who voluntarily leaves her husband's house and resides with her parents, especially when the husband is willing to maintain both the wife and their daughter (!) (!) . The evidence indicated that the wife left her husband's residence voluntarily and was residing with her parents, which is a relevant factor in denying her claim for alimony (!) . Additionally, the court emphasized that the wife failed to prove neglect or refusal to maintain by her husband, and her voluntary separation was a key consideration in the decision (!) (!) (!) .
Therefore, under these circumstances, maintenance is not maintainable for the wife as she did not establish neglect or refusal to maintain, and her voluntary separation with her parents was a significant factor leading to the dismissal of her claim.
J.G. Chitre, J.
1. The petitioner is challenging an order which has been passed by the Addl. Sessions Judge, Shajapur in the matter of Cr. Revision No. 49/90 wherein the learned A.S.J. has set aside the order which was passed by Judicial Magistrate. First Class, Sarangpur in MCC No. 44/84 wherein he granted alimony ofRs.200/- per month payable from present opponent-Narayan S/o Siddhanath.
2. The petitioner Kamlabai had filed an application for getting alimony from her husband Narayan in view of provisions of Section 125, Cr. P.C. 1973 (hereinafter referred to as Code for convenience) on the ground of neglect and refusal to maintain herself and Ramlatabai, the daughter begotten from Narayan. She had also averred that Narayan has kept a mistress named as Bhagwanti bai treating her as his wife. The learned Judicial Magistrate, First Class, Sarangpur held that Kamlabai was able to prove that having sufficient means, Narayan had neglected and refused to maintain both Kamlabai and Ramlatabai. He had granted alimony in favour of Kamlabai to the tune of Rs. 200/- per month alongwith Rs. 100/- per month for Ramlatabai.
3. The Addl. Sessions Judge, Shajapur while deciding the revision p
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