BALKIRSHNA JAGANNATH MANGSULE Vs. KALPANA AND STATE

JUDGEMENT

(1.) Although title of the petition is Writ Petition in fact, it is a revision application which is filed by the husband challenging the appellate order of the learned Sessions Judge, Solapur, dated 16th Feb. 1983 by which the learned Sessions Judge reversed the order passed by the learned Judicial Magistrate. First Class, Solapur, rejecting the petition filed by the wife for maintenance under Sec. 125 of the Criminal Procedure Code.

(2.) It is an exceptional case having extra-ordinary features which require special assessment on its own facts. Ordinarily, revision by husband in the matter of maintenance granted under Sec. 125 of the Code Criminal Procedure would not be a proper subject of examination by this Court.

(3.) Respondent No. 1 was married to the petitioner on 5th May 1977. It appears that they were of advance age i.e. wife was of 29 years old and the. husband was running 35 years They lived together for sometime and it appears that in 1977, there was some correspondence which has been referred to in the petition. It is averred by the wife that she was treated with cruelty by her husband. The first paragraph of her application which is in Marathi is extracted as follows :