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1991 Supreme(Bom) 463

A.D.MANE, M.L.PENDSE
Dnyaneshwar Baburao Gorel – Appellant
Versus
Kamal Dnyaneshwar Gorel & others – Respondent


JUDGMENT - MANE A.D., J.:—This criminal revision application has been placed before us on a reference made in that behalf by the learned Single Judge of this Court for decision on the question as to the procedure and interpretation of sub-section (3) of section 125 of the Code of Criminal Procedure.

2. The material facts which gave rise to the filing of the revision application by the petitioner husband are as follows:

The wife filed an application under section 125 of the Code of Criminal Procedure (for short 'the Code') claiming maintenance allowance for self and for and on behalf of her minor daughter against the petitioner. The learned Judicial Magistrate, First Class, Kirkee, Pune, by order dated July 6, 1987, granted maintenance only to the minor daughter at the rate of Rs. 100/- per month and rejected the wife's application for maintenance allowance on the ground that she was not the legally wedded wife of the petitioner for she married him when his first marriage was subsisting. The wife, however, filed revision application before the Sessions Court, Pune, and prayed for setting aside the order of the trial Magistrate rejecting her claim and also for enhancement of quantum o



















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