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2011 Supreme(Kar) 339

A.S.PACHHAPURE
Kallappa – Appellant
Versus
Yallaubai – Respondent


Advocates Appeared:
For the Petitioner:Vitthal S. Teli, Advocate.
For the Respondent:S.B. Deyannavar, Advocate.

Judgment :-

1. The petitioner has sought for quashing the entire proceedings in Criminal Miscellaneous No.613/2009 pending, on the file of the Family court, Belgaum, seeking enforcement of the order of maintenance. The petitioner herein is the husband of the respondent. The respondent filed an application for maintenance and it was granted in criminal Miscellaneous No. 249/2007, the copy of which has been produced at Annexure-C’. The said application was disposed of by the order dated 24.11.2009, granting maintenance of Rs.2,000/- per month to the petitioner from the date of filing of the petition i.e., from 28.06.2007. Accordingly, the respondent filed an application under section 128 of the code of criminal procedure in criminal miscellaneous No.613/2009, claiming arrears of maintenance from 28.06.2007 till 24.11.2009, amounting to Rs 58,000/- for 29 months. The respondent had sought for an order to confine the petitioner in prison for non-payment of the arrears of maintenance and in the circumstances, it is on 10.12.2010 that the petitioner was produced and was ordered imprisonment for 30 days and after the completion of 30 days he was released. Again on 07.01.20011. the petition






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