Criminal Revn. Appln. No. 26 of 1995. Case: Tejram s/o. Mahadeorao Gaikwad Vs Smt. Sunanda w/o Tejram Gaikwad. High Court of Bombay (India)
| Case Number | Criminal Revn. Appln. No. 26 of 1995 |
| Counsel | For Applicant: A. D. Vyawahare, Adv. |
| Judges | R. M. Lodha, J. |
| Issue | Criminal Procedure Code (2 of 1974) - Sections 397, 125 |
| Citation | 1996 CriLJ 172 |
| Judgement Date | August 18, 1995 |
| Court | High Court of Bombay (India) |
Judgment:
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Heard Shri A. D. Vyawahare, the learned counsel for the applicant.
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Shri Vyawahare, the learned counsel for the applicant, submits that there is no evidence of non applicant No. l wife that the applicant husband has neglected to maintain her and the child Devendra and, therefore, the courts below were not justified in awarding the maintenance to the wife and the son. Shri Vyawahare also contends that the amount of maintenance awarded by the courts below to the wife at the rate of Rs. 400/- per month and to the child at the rate of Rs. 200/- per month is excessive and beyond the financial capacity of the applicant and, therefore, the orders passed by courts below deserve to be set aside.
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There is no dispute that the applicant Tejram (for short 'the husband married non-applicant No. - 1 Sunanda (for short 'the wife') in the year 1985 and out of the wedlock, non-applicant No. 2 Devendra minor son was born. The husband and the wife cohabited for about six years and thereafter the wife contacted tuberculosis and while the husband was employed at Chhindwara, he got the wife admitted in the T. B. Sanatarium at Chindwara. The treatment of the wife continued up to the year 1991 and during that time, the wife left the house of the husband along with the minor son. It is also not disputed that in the year 1993, the husband has filed an application for dissolution of marriage and a decree for divorce in the competent Court and the said proceedings are pending and in the petition for dissolution of marriage and divorce the husband has averred that it was not possible for him to stay with the wife. The wife made an application for grant of maintenance under S. 125 of the Code of Criminal Procedure for herself as well as for her minor son. The said proceeding under S. 125 of the Code of Criminal Procedure were contested be the husband. Evidence was recorded and the 20th Joint Civil Judge Junior Division and J.M.F.C. Nagpur by an order dated 17-10-1994 partly allowed the application filed by the wife under S. 125 of the Code of Criminal Procedure and awarded the maintenance at the rate of Rs. 400/- per month to the wife and Rs. 200/- per month to the minor son from the date of the application i.e. 31-12-1993. The said order is under challenge before this Court in criminal revision application under Section 397 of the code of Criminal Procedure.
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First of all the application deserves to be dismissed on the ground that the applicant has not...
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