JUDGMENT - M.L. PENDSE, J.:---This is an application filed by the husband to challenge the legality of the order dated July 10, 1981 passed by the II Joint Judicial Magistrate, First Class, Dhule, and the order dated December 9, 1981 passed by the Sessions Judge, Dhule in a proceeding under section 125(3) of the Code of Criminal Procedure (hereinafter referred to as the Code).

2. The facts are not in dispute and are required to be stated briefly to appreciate the grievance of the petitioner. Respondent No. 1 is the wife of the petitioner, while respondents 2 and 3 are his minor children. On June 26, 1978 respondents 1 to 3 filed an application before the Judicial Magistrate, First Class, Dhule for maintenance as provided by section 125 of the Code. On January 27, 1981, the application was granted and respondent No. 1 was awarded the maintenance of Rs. 50/- per month, while respondents 2 and 3 were each awarded Rs. 30/- per month. The Magistrate also directed that the amount of maintenance shall be paid from the date of filing of the application i.e. June 26, 1978. As the husband failed to pay the amount of maintenance, respondents 1 to 3 filed application for enforcement as contemp

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