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crirev307.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL REVISION APPLICATION NO. 307 OF 2019

WITH

CRIMINAL REVISION APPLICATION NO. 33 OF 2021

* * * * *

CRIMINAL REVISION APPLICATION NO. 307 OF 2019

Namrata Sandip Parkhe

..

Appellant

Age. 25 years, Occ. Household,

R/o. C/o. Sunil Prabhakar Markad,

Prabhuchhaya, Gat No.54/2,

Plot No.4/2, Shiv Colony,

Jalgaon, Tal & Dist. Jalgaon.

Versus

Sandip Laxman Parkhe

..

Respondent

Age.31 years, Occ. Service,

R/o. 168-B, Nateshwar Colony,

Vakharkar Nagar, Dhule,

Tal & District : Dhule.

Mr. Yogesh H. Jadhav h/f. Mr. Girish Nagori, Advocate for the applicant.

Mr. A.D. Sonar, Advocate for sole respondent.

WITH

CRIMINAL REVISION APPLICATION NO.33 OF 2021

Sandeep Laxman Parkhe

..

Applicant

Age. 33 years, Occ. Service,

R/o.186-B, Nateshwar Colony,

Wakharkar Nagar, Dhule.

Versus

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crirev307.19

Sau. Namrata Sandeep Parkhe

..

Respondent

Age.28 years, Occ. Service,

R/o. C/o. Sunil Prabhakar Markad,

Prabhu-Chaya, Gut No.54/2, Plot No.4/2,

Shiv Colony, Jalgaon.

Mr. A.D. Sonar, Advocate for the applicant.

Mr. Yogesh H. Jadhav h/f. Mr.Girish Nagori, Advocate for the respondent.

CORAM

:

KISHORE C. SANT, J.

RESERVED ON

:

21.09.2022

PRONOUNCED ON

:

04.10.2022

J U D G M E N T :-

01.

As both the criminal revision applications are filed against the

judgment and order passed by the learned Judge, Family Court, Jalgaon dated

08.08.2019 in Petition No. E-95 of 2019, they are taken up for hearing

together.

02.

Heard learned Counsel for the parties and by consent, taken up

for final disposal at the stage of admission.

03.

The application for maintenance was initially filed in the Court of

learned Chief Judicial Magistrate, which later on came to be transferred to the

Family Court at Jalgaon and re-numbered as Petition No. E-95/2019. She

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claimed maintenance @ Rs.20,000/- per month.

04.

The facts which are not in dispute by the parties are that the

marriage between the parties took place on 09.02.2015 at Jalgaon. Since

July, 2016 the couple is not staying together. Wife is staying with her parents.

As the parties could not pull on well together and as the wife has started

residing separately, she filed application seeking maintenance under section

125 of the Criminal Procedure Code (Cr.P.C.). It is allegation of wife that in

marriage her father was required to spend an amount of Rs.10 lakhs, which he

arranged by raising loan etc. After few months of the marriage, the husband

started telling wife that she is not good looking. She is not matching to him.

He could have married with a someone better than the applicant-wife.

However, the wife tolerated this as she was in the hope that some day or other

the behaviour of the husband would change. After few months of marriage,

the husband took the wife to Bhusaval, as he was working at Deepnagar,

Bhusaval. The husband, thereafter, again started demanding Rs.1,50,000/- as

he was required to repay Rs.4,50,000/- of the society loan. She also alleged

illtreatment at the hands of the husband that he was not allowing his wife

even to talk to her parents etc. She was required to operate for appendicitis,

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wherein the expenses were borne by the parents of the wife. The husband

even did not allow the wife to conceive.

05.

Husband appeared in the matter by filing his say. He denied all

the allegations. On the contrary, he stated that it is the wife who was not

willing to stay with the family of husband. He even shifted thereafter to

Deepnagar, where only husband and wife were staying. The wife, however,

did not live properly. He stated that he never neglected or refused to maintain

his wife. It is further case of the husband that he is not getting salary as

alleged by the wife. It is his specific case that the wife is well qualified person

having degree of Bachelor of Engineer (Mech.) and M.B.A. (Prod.). She was

even working as Design Engineer in a company, n