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1983 Supreme(Bom) 57

G.M.KHANDEKAR
Ramnath Laxman Jadhav – Appellant
Versus
Kausalya Ramnath Jadhav & others (Smt. ) – Respondent


JUDGMENT - G.M. KHANDEKAR, J.:---By this writ petition under Article 227 of the Constitution of India read with section 482 of the Criminal Procedure Code the petitioner seeks to challenge the order dated 15th May, 1982 passed below Exh. 11 Recovery Application No. 180 of 1980 pending on the file of the Judicial Magistrate, First Class, Nasik.

2. It is common ground that the present respondent No. 1 is legally married wife of the petitioner while respondent Nos 2 and 3 are her minor sons born to her from him. The present respondents Nos. 1 to 3 had filed Misc. Application No. 30 of 1970 in the Court of Judicial Magistrate, First Class, Nasik for maintenance against the petitioner under section 488 of the Code of Criminal Procedure. After enquiry the learned Magistrate awarded maintenance to respondent No. 1 at the rate of Rs. 60/- per month and respondents Nos. 2 and 3 at the rate of Rs. 35/- per month each respectively. This application was decided by the learned Magistrate on 4th July, 1972. Thereafter the present respondents Nos. 1 to 3 preferred Misc. Applications Nos. 7 of 1972, 9 of 1973 and 17 of 1974 for recovery of maintenance amounts as per the order mentioned above











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