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1988 Supreme(Bom) 137

V.A.MOHTA
Shrawan son of Sakharam Ubhale – Appellant
Versus
Durga (Sau. ) w/o Shrawan Ubhale & others – Respondent


JUDGMENT - V.A. MOHTA, J.:---Applicant Shravan Ubhale married non-applicant No. 1 Sau. Durga on 2nd May, 1982. Very soon misunderstanding developed between the two and relations got strained. There was exchanged of correspondence. All attempts at reconciliation failed. On 13-6-1983 there was a divorce between the two by mutual consent. Two documents divorce deed (Ex. 15) and Consent Deed (Ex. 10) were executed by both. Thereafter both started residing separately. Sau. Durga was pregnant at the time of divorce. She delivered a male child Kailash (non-applicant No. 2) after a month or two. When Kailash attained the age of about 11/2 years, Sau. Durga filed an application for maintenance under section 125 of the Code of Criminal Procedure for herself as well as Kailash. Shravan resisted the application inter alia on the ground that Sau. Durga had specifically relinquished her right to claim past and future maintenance.

2. The learned Judicial Magistrate repelling the defence, granted maintenance to Durga at the rate of Rs. 100/- and to Kailash at the rate of Rs. 50/- per month. The said order was maintained by the learned Sessions Judge. Inherent powers of thi















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