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) 429

M.S.VAIDYA
Bhagwat s/o Baburao Gaikwad and another – Appellant
Versus
Baburao s/o Bhaiyya Gaikwad and another – Respondent


JUDGMENT - M.S. VAIDYA, J.:---This is a petition under section 482 of Code of Criminal Procedure, challenging the orders passed by the Third Additional Sessions Judge, Nagpur, in Criminal Revision Application Nos. 1550 of 1992, 1551 of 1992 and one unregistered Criminal Revision Application dated 10-2-1993. The proceeding raises really a vitally important question of law which pertains to the right of recovery of maintenance allowance by a person who is entitled to maintenance allowance under the provisions of section 125 of Code of Criminal Procedure, 1973 by attachment of the salary of the person who is subjected to order of payment of maintenance allowance.

2. Petitioners are the minor sons of respondent No. 1. In Misc. Criminal Application No. 139 of 1988 filed by them under section 125 of the Code of Criminal Procedure, they had applied for maintenance allowance from their father, the respondent No. 1. The matter came to be decided on 20-6-1989. The respondent No. 1 had committed defaults in payment of the maintenance allowance. Therefore, three consecutive recovery proceedings were filed before the learned Magistrate for recovery of the arrears of maintenance allowance for the








































































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