Pradeep vs Smt. Suneeta and Another

R.M. Lodha, J.—By this criminal writ petition filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code, the petitioner is seeking to challenge the concurrent orders passed by the Judicial Magistrate, First Class, Umarkhed on 19.5.1990 and affirmed in revision by the Additional District Judge, Pusad on 26.12.1994.

Mr. Dahat, the learned Counsel for husband submits that right from the beginning, his client has been making bonafide and genuine efforts to persuade the wife to reside with him, but due to her admancy, she is not joining the matrimonial home and, therefore, the Courts below were not justified in awarding maintenance. Mr. Dahat also submits that the husband made application before the Judicial Magistrate, F.C., Umarkhed that he prepared to keep the wife, but the wife did not accede to the request and offer of the husband and here also the husband is making offer that he is prepared to keep the wife and, therefore, the order of maintenance passed by the learned Magistrate on 29.5.1990 and confirmed in revision by the Additional Sessions Judge, Pusad on 26.12.1994 be quashed and set aside.

There is no dispute that the present petitioner-husband married the respondent No. 1-wife on 5.6.1984 at village Mulawa, Tahsil Umarkhed, District Yavatmal. There is also no dispute that for about four years, the husband and the wife lived together. According to wife for about four years the husband and the wife though lived together, during that time, the husband started ill-treating the wife and, therefore, the wife was compelled to live separately. The ill-treatment given to the wife by the husband was also, according to the wife, due to demand of dowry. It is also alleged by the wife that husband used to physically assault her and also give her beating; Ultimately, wife had to leave the matrimonial home and since she had no income of her own to sustain herself, she was constrained to file an application u/s 125 Cr.P.C. in the Court of the Judicial Magistrate, First Class, Umarkhed. In the said application, wife averred that the husband has refused and negligent to maintain her and that he has sufficient means to maintain the wife while she has no source of income and is unable to maintain herself.

Both the parties led evidence, oral as well as documentary and the learned Magistrate after hearing the learned Counsel for the parties, by order dated 19.5.1990 held that the wife has been able to prove that husband has neglected and refused to maintain the wife. The learned Magistrate also concluded that the wife has been able to prove that husband has sufficient financial means while she has no income of her own and she is unable to maintain herself and consequently, taking into consideration the facts and circumstances of the case, awarded the maintenance to the wife @ Rs. 300/- per month from the date of application i.e. 14.3.1989.

Upset by the award of maintenance, the husband preferred revision application before the Additional Sessions Judge and the Revisional Court after hearing the parties and perusal of the record, found that the order of the learned Magistrate was justified and even the quantum of maintenance awarded by the learned Magistrate was reasonable and, therefore, did not interfere with the order passed by the Judicial Magistrate, First Class, Umarkhed.

I have perused the order passed by the Judicial Magistrate, F.C., Umarkhed on 19.5.1990 as well as the order passed by the Revisional Court on 26.12.1994 and the relevant material with the assistance of the learned Counsel for parties and on careful consideration of the same, I find that the Courts below did not commit any error in holding that the husband has refused and neglected to maintain wife. The evidence is overwhelming to show that husband created a situation in the matrimonial home by subjecting wife to ill-treatment and harassment that she was compelled to leave the matrimonial home and in this background, the application made by the husband before the Trial Court that he was prepared to maintain the wife, was not bonafide and was made with an intention to defeat the proceedings initiated by the wife u/s 125 Cr.P.C. The Revisional Court has also considered the entire evidence at great length and I find that the concurrent findings of fact recorded by the Courts below about the neglect and refusal by the husband to maintain the wife as well as that the wife has no income of her own and the husband has sufficient income, are based on evidence on record. In the extraordinary jurisdiction under Articles 226 and 227 or in the inherent jurisdiction u/s 482 of the Criminal Procedure Code, this Court ordinarily does not interfere with the findings of facts recorded by the Courts below and particularly when the findings of facts have been arrived at after due consideration, appreciation and evaluation of the evidence on record and do not suffer from any error of law or glaring mistake. The learned Counsel for the husband was unable to point out any such infirmity in the findings of facts recorded by the Courts below warranting interference by this Court in extraordinary jurisdiction under Articles 226 and 227 of the Constitution or in inherent jurisdiction u/s 482 Cr.P.C. The quantum of maintenance awarded by the learned Magistrate and affirmed by the Revisional Court is absolutely reasonable, just and is neither excessive nor exhorbitant nor on the higher side.

Consequently, there is no merit in this criminal writ petition and the same dismissed.