- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.50/1998 Shridhar Daulat Bankar, age major, occu.agri., r/o Butkheda Post Akola Deo, Tq.Jafrabad Dist.Jalna. ...Petitioner.. (Org.respondent) Versus 1. Sangita Shridhar Bankar, age major, occu.household, r/o Kingaon Tq. & Dist.Aurangabad. 2. The State of Maharashtra. ...Respondents... (No.1 org.petitioner) ..... Shri C.K. Shinde, Advocate for petitioner. Shri V.B. Garud, Advocate for respondent no.1. Mrs.B.R. Khekale, APP for respondent no.2. ..... CORAM: K.U. CHANDIWAL, J. DATE: 31.08.2009 ORAL JUDGMENT : 1] Heard learned counsel for the parties. - 2 - 2] The petitioner Shridhar married to Sangita on 23.2.1992. There were bickerings and usual wear and tear in the matrimonial relations. However, the parties could not sail well resulting husband sending a notice to join matrimonial relations calling the respondent no.1 to do so by communication dated 3.5.1993. The wife, having experienced bitterness at the behest and at the hands of her husband – the petitioner herein, initiated maintenance proceedings in terms of Section 125 of the Code of Criminal Procedure, 1973 before the learned Judicial Magistrate, First Class, Aurangabad. The matter was contested by husband. Ultimately, since the JMFC held that the wife volitionally withdrew the society of the husband without any just and reasonable cause, and there was no refusal on the part of the husband to maintain her. The wife, being aggrieved, has taken action by way of Criminal Revision Petition No.53/1994 before the learned Sessions Judge, Aurangabad, and the revision petition filed by the wife came to be allowed by order dated 7.10.1997 thereby directing the husband (petitioner herein) to pay maintenance at the rate of Rs.125/- per month to the wife from date of filing of the application. 3] There were controversies between husband and wife, as stated earlier. A petition u/s of the Hindu Marriage Act also came to be filed where the decree of restitution of conjugal rights dated 4.1.1995 is clamped against the wife. 4] On analysing facts in the matter, I find that the learned Sessions Judge found that there was no deliberate refusal on the part of the wife to reside with her husband. The situation in the matrimonial home was such acrimonious that living in such volatile atmosphere was a difficult task. The wife has canvassed that the husband was suspecting her fidelity and he also used to demand Rs.10,000/- as dowry. In such a scenario, where the husband castigates his wife on her character, she could not continue to cohabit in such violent atmosphere to face the brunt. - 3 - 5] The contentions of the wife that the husband has ill-treated her, has driven her out of the house, were found by the learned Sessions Judge to be proved. The learned trial Court discussed the aspects by going to the contradictions and omissions, which were indeed, not so vital to decide the controversy between the parties. The husband has the agricultural field to the extent of 3 Hectares 2 Ares for which revenue record was produced. Even brother of the husband has field. In the situation, grant of maintenance at the rate of Rs.125/- by the learned 2nd Additional Sessions Judge, Aurangabad, by order dated 7.10.1997 can not be said to be perverse or erroneous. It is in tune with the fact situation and the evidence, which was tendered by the wife. Consequently, the writ petition is dismissed. Interim order is vacated. In view of dismissal of the writ petition, Criminal Application No. 567/2003 filed by the wife for fixing the matter for final hearing does not survive and is disposed of. (K.U. Chandiwal, J.) ndk/cr318095