JAIRAM SOMAJI MORE Vs. SINDHUBAI

JUDGEMENT

(1.) :- This writ petition arises in the maintenance proceedings adopted by the wife-respondent No. 1 under section 125 of the Code of Criminal Procedure.

(2.) THE petitioner and the respondent No. 1 were married sometime in the year 1970 as per the Hindu law. They cohabited until 4th December 1979, when they separated by a registered Deed of Divorce which is at Exhibit 22. From the said marriage admittedly a daughter was born who is residing with the petitioner-husband. It is the case of the respondent-wife that the petitioner repented for the separation which was effected between them by the Deed of divorce dated 4-12-1979 and, therefore, there was reunion between them and they entered into an agreement (Exhibit 19)executed on 18th November, 1980. The wife stayed with the petitioner for a period of 1 and ? years after the said reunion and thereafter she was driven away from the matrimonial home by the petitioner and hence again went back to her father s house in village Dhulgaon, Tal. Yeola, Dist. Nasik. Their matrimonial house was in village Thergaon, Tal. Niphad, Dist. Nasik. During her second phase of cohabitation with her husband, she had conceived and given birth to a male child by name Bhausaheb who is respondent No. 2 to this petition. After she was driven out from the matrimonial house the petitioner did not maintain the respondents i. e. wife and son Bhausaheb and, therefore, she filed Criminal misc. Application No. 62 of 1985 in the Court of JMFC, Yeola on 23rd April, 1985 claiming maintenance for herself and son.

(3.) THE said application was opposed by the petitioner-husband. Parties had led evidence before the trial Court. On behalf of the wife she had examined herself and two witnesses i. e. her own father by name Kashinath as AW-2 and one Bhikaji Sathe as AW-3 who was an independent witness. On behalf of the petitioner only he himself was examined.