VINOD PANJABRAO PATIL Vs. UNDU VINOD PATIL

JUDGEMENT

(1.) This writ petition is filed challenging judgment and order passed by Ad hoc Additional Sessions Judge-2, Nagpur in Criminal Revision No. 644/2006 on 03.12.2007 upholding judgment and order passed by Judicial Magistrate First Class, Umred in Criminal Application No. 30/2004 on 05.04.2006. Brief facts of the case are as under.

(2.) The respondent herein filed Misc. Criminal Application No. 30/2004 before Judicial Magistrate First Class, Umred for maintenance under Section 125 of the Code of Criminal Procedure. The said application came to be rejected on 05.04.2006. Being aggrieved thereby, the respondent herein filed Revision No. 644/2006 before the Court of Sessions at Nagpur.

(3.) It is the case of the respondent-wife/original applicant that she is legally wedded wife of the petitioner. Their marriage was solemnized on 09.01.2000 at Brahmapuri as per Buddha rites and customs. After marriage, she went to the house of non applicant at Arvi and resided there for about 9-10 months. Thereafter, she along with petitioner, resided at Wardha till 01.09.2002. Three sons namely Anit, Sumit and Nishant of non applicant i.e. present petitioner from his first wife were also residing along with petitioner and respondent. The first wife of petitioner-husband died in the year 1995.