Criminal Writ Petn. No. 504 of 1987. Case: Shrawan Nathu Kannuar Vs Smt. Anjanabai Shrawan Kannuar and another. High Court of Bombay (India)
| Case Number | Criminal Writ Petn. No. 504 of 1987 |
| Counsel | For Appellant: V. D. Raut, Adv. and For Respondents: Miss S. R. Ghodke with Mrs. Anita A. Agarwal, Adv. and I. S. Thakur, A.G.P. |
| Judges | T. K. C. Das, J. |
| Issue | Evidence Act (1 of 1872) - Sections 61, 74 |
| Citation | 1997 CriLJ 491 |
| Judgement Date | April 23, 1996 |
| Court | High Court of Bombay (India) |
Order:
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This case has chequerred history. The Respondent is the wife of the petitioner. She made an application dated 15-7-1977 being Application No. 56 of 1977 in the Malegaon Court for maintenance. The petitioner resisted that application and denied the allegations of neglect and maintenance of his wife. He also made an allegation that his wife had adultery relations with one Mahadeo Pira. That application was came to be allowed by the lower Court by awarding an amount of Rs. 50/-p.m. to the wife. However, the learned Magistrate at the first instance dismissed the application for maintenance on the ground that the petitioner did not prove that respondent married second wife or kept a mistress. The wife approached the Revisional Court by filing Criminal Revision Application No. 179 of 1986.By order dated 14-11-1986 the Additional Sessions Judge, Nasik set aside the order of the Magistrate and granted a maintenance of Rs. 50/- per month to the wife. This order of revisional authority has been challenged by the petitioner before this Court being Criminal Writ Petition No. 463/1983. This Court after examining the evidence, remanded the matter to the trial Court for specific purpose of giving an opportunity to the petitioner to prove his allegations that respondent is living in adultery. On remand the petitioner attempted to prove certain documents viz. Exh. 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 53 and 55. Out of these documents Exhs. 39 and 40 are relevant in this case. Exh. 39 is the complaint by Respondent's father viz. Bhika Bhagu Patil to Police Station on 13-1-1979 stating that his daughter Anjanabai has illicit relations with Mahadu Pira and has eloped with him. Exh. 40 is report made by Police Patil to Sub-Inspector of Police stating that the Respondent was missing with Mahadu Pira and if they return to the village, there is a possibility of commotion and breach of peace in the village.
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The interesting part of this case is that these documents have been sought to be proved by the Petitioner through one Mrs. Jyostna Ramesh Rokde. What the Petitioner did was that he has called for all the documents from the concerned Police Station and tried to prove those documents through Mrs. Jyostna Ramesh Rokde, who identified the signature of the concerned police officer. She was not able to say anything about the contents of those documents. The learned Magistrate has dismissed the application of maintenance of the Respondent on the...
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