JUDGEMENT
S.P.KURDUKAR, J. -
(1.)Learned Advocates appearing for the parties to this petition have informed me that they have no objection to this petition being heard at Aurangabad. In view of this consent given by the parties through their Advocates, I proceed with the case.
(2.)This petition under Article 227 of the Constitution of India is filed by the petitioner-husband (hereinafter referred to as "the husband") challenging the concurrent orders passed by the courts below in the proceedings arose under section 125 of the Code of Criminal Procedure, 1973. It is alleged by the respondent-wife (hereinafter referred to as "the wife") that on November 4, 1977, she filed an application under section 125 of the Code of Criminal Procedure claiming maintenance from the husband. It is common ground that the marriage between the parties took place in the year 1972. It is alleged by the wife that the husband started ill-treating her as she did not bear a child. It is further stated that the relations between the parties became strained and, therefore, the husband started ill-treating the wife. The husband is owning five acres of lands which are bagayati lands and getting an annual income of Rs. 2,500/- from the said lands. It is, therefore, prayed by the wife that she may be awarded maintenance at the rate of Rs. 100/- per month.
(3.)The husband contested this application denying the allegation of ill-treatment as well as any strained relations on account of not getting a child. It is alleged by the husband that he has been always ready and willing to maintain the wife. On the contrary, it is alleged by the husband, that the wife does not like to live with him and after few days of the marriage she left the matrimonial house voluntarily and inspite of his efforts to get her back she refused to come back. It is then alleged by the husband that at the time when the wife left the house, she had taken away with her valuable ornaments costing about Rs. 2,500/-. It is further alleged by the husband that the application of the wife is false and, therefore, the same rejected.
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