SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1993 Supreme(Bom) 440

B.N.DESHMUKH, S.S.DANI
Naseera Begum & others – Appellant
Versus
Syed Habibur-Rehman & another – Respondent


JUDGMENT - DANI S.S., J.:— This revision, which is a referred matter to this Bench by the learned Single Judge of this Court raises an interesting point as to whether future salary of a person can be held to be a tangible movable property for the purposes of section 421 of Criminal Procedure Code and it cannot, at any time, be attached for recovery of the defaulted amount of the maintenance awarded to a wife.

2. The present petitioners Nos. 2 and 3 are the minor sons of petitioner No.1. The petitioner No. 1 is the legally wedded wife of respondent No. 1. Inasmuch as, the petitioners were deserted and neglected by respondent No. 1, by refusing to maintain them, the petitioner No. 1, for herself and for her sons, started this legal battle in 1981 for monthly maintenance. She filed an application under section 125, Criminal Procedure Code, 1973, for the monthly maintenance on 27-7-1981 in the Court of the Judicial Magistrate, First Class, Nanded. It was Miscellaneous Application No. 115 of 1981. By an order, dated 25-8-1982 she was awarded monthly maintenance of Rs. 200 for herself and Rs. 50 each for the petitioners Nos. 2 and 3. The present petitioners then moved the Sessions Court






























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top