crwp724-16.odt

3IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO. 724 OF 2016

Bhagwat Pitambar Borse,

Age 71 years, Occu: Nil,

R/o Kngaon, Taluka Yawal,

District Jalgaon

At present Bhusawal Dist.

Jalgaon

... Petitioner

VERSUS

1.

Anusayabai Bhagwat Borse

(Anusayabai Arjun Pachpol)

Age 66 years, Occu:Sewing Work,

Labour & Grocer, R/o Kingaon,

Taluka Yawal, Dist. Jalgaon

2.

State of Maharashtra,

... Respondents

Mr. B. R. Kedar, Advocate for the petitioner,

Mr. P. P.Kothari h/for Mr. S. S. Bora, Advocate for

respondent No.1,

Mr. A. P. Basarkar, APP for respondent No.2 State.

CORAM

:

K. L. WADANE, J.

RESERVED ON

: 2nd February, 2018

PRONOUNCED ON

8th February, 2018

JUDGMENT:

1.

Heard. Rule. Rule made returnable forthwith.

With consent of parties, the petition is taken up for

final disposal.

2.

The petitioner has challenged the order dated

23.06.2015 passed by the learned Additional Sessions

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Judge, Bhusawal in Criminal Revision Application

No.101/2014, by which the revision is dismissed and the

order 07.07.2012 passed by the learned Judicial

Magistrate, First Class, Yawal rejecting Misc.

Application No.136/2006 filed by the present petitioner

under section 125(5) and section 127 of the Code of

Criminal Procedure Code, is confirmed.

3.

The facts leading to the present writ petition,

in brief, are as under:

i.

The respondent No.1-wife had filed Criminal

Misc. Application No. 65/1983 before the learned

Judicial Magistrate, First Class Yawal for maintenance

under section 125 Cr.P.C. That application was decided

on 11.08.1992 and maintenance @ Rs.100/- per month was

granted in favour of respondent wife. In revision i.e.

Cri. Revision No. 227/1992, the learned District Judge,

Jalgaon enhanced the amount of maintenance to Rs.200/-.

ii.

The petitioner-husband had filed Hindu Marriage

Petition No. 298/1997 for dissolution of marriage. It

was decided on 24th April, 2006 and the divorce is

granted. The petitioner, then filed Misc. Application

No. 136/2006, under section 125(5) and section 127 of

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the Code of Criminal Procedure Code for cancellation of

the maintenance order on the ground that divorce decree

is passed against the respondent wife on the ground of

adultery and the marriage is dissolved. The learned

Judicial Magistrate, F.C. Yawal rejected the

application. The petitioner preferred Criminal Revision

Application No. 101/2014. The learned Additional

Sessions Judge, dismissed the revision and confirmed

the order passed by the learned Judicial magistrate,

F.C. Yawal. Hence this criminal writ petition.

4.

Heard Mr. B. R. Kedar, learned counsel for the

petitioner, Mr. P. P.Kothari learned counsel appearing

for respondent No.1, and Mr. A. P. Basarkar, APP for

respondent No.2 State.

5.

Mr. Kedar, the learned counsel for the

petitioner submits that the petition for dissolution

was allowed on three grounds i.e. (i)desertion, (ii)

cruelty at the hands of respondent wife and (iii) the

wife was living in adultery. So, according the learned

counsel for the petitioner, the order of maintenance

needs to be cancelled in view of Section 125(4) and (5)

and section 127(2) Cr.P.C. Mr. Kedar further submits

that the decree of divorce passed in Hindu Marriage

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Petition No. 298/1997 was challenged by the respondent

wife in the District Court by filing Regular Civil

Appeal No. 187/2006. The District Court, by orde