1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.596 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri D.R.Adhav,Advocate for petitioner. Shri N.T.Bhagat,Adv. for Respondent. 1. Rule. By consent, rule made returnable forthwith and the petition is taken up for final disposal at this stage. 2. Petitioner challenges the judgment and order passed by the Principal Judge, Family Court, Aurangabad in Petition No.E-128/2008 decided on 13.6.2009 whereby application of present petitioner for maintenance under Section 125 of the Code of Criminal Procedure is dismissed. 2. It is admitted position that the present petitioner and the respondent have married on 22.2.2006. According to 2 the petitioner, for six months they lived happily and thereafter ill- treatment began to her and due to cruelty she could not reside with husband. The family of the respondent- husband has 12 acres of irrigated land and income therefrom of more than Rs. 3..00 lakhs. There is also milk business of the Respondent and he earns Rs.2.00 from the same. Respondent also runs shoe and chappal business and gets Rs.500 per month therefrom. As against that, according to the petitioner, she has no source of income ands therefore she filed application for maintenance under Section 125 of the Code of Criminal Procedure. 3. The respondent-husband appeared in the proceedings and filed his written statement and denied all allegations in the application regarding cruelty and ill-treatment. According to him, the petitioner is post graduate whereas he has studied upto 7th standard and, therefore, she does not want to live with him. It is denied by Respondent that he owns any agricultural land or 3 cattle as alleged. According to Respondent, he is doing work of boot polishing and gets only Rs.50/= per day. 4. The trial court observed that in spite of repeated opportunities, the Respondent did not appear and offer himself for cross examination, although he has filed his written statement. The learned Principal Judge, Family Court, was not satisfied about allegations of the wife regarding ill- treatment and means of livelihood of the husband and, therefore, he dismissed the application. 5. Shri Adhav, learned Advocate for the writ petitioner, submitted that the respondent has family land and in support therefore, he has produced document at Exh. A with the petition. He prayed that in case matter is remanded, the petitioner be allowed to lead evidence in the trial court both, documentary as well as oral. Shri Bhagat, learned Advocate for the respondent also wanted to examine the 4 respondent in support of his case. 6. In view of above, this writ petition is allowed. The judgment and order dated 13.6.2009 passed by the Principal Judge, Family Court, Aurangabad in Petition No. E128/2008 is set aside. The Family Court is directed to restore the said petition to the file and permit the petitioner to lead additional evidence, documentary as well as oral, so also permit the respondent to lead evidence in rebuttal and in support of his case. Parties before this court agree to appear before the Family Court on 8.12.2009. Record and Proceedings be sent to the Family Court. 7. Petition disposed of. Rule made absolute accordingly. Date:19/11/2009 (P.R.BORKAR, J.) pnd/criwpl596.09