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1995 Supreme(Bom) 495

L.MANOHARAN
Shaikh Mobin Shaikh Chand – Appellant
Versus
State of Maharashtra & another – Respondent


JUDGMENT - Manoharan L., J.:—This petition is by the husband of the second respondent against the order of the Judicial Magistrate First Class, Pusad, dated 31-8-1994 in Misc. Cri. Case No. 89 of 1993 and confirmed by the Addl. Sessions Judge, Pusad, on 14-7-1995 in Criminal Revision No. 52 of 1994. The petition is purportedly filed under Article 227 of the Constitution of India read with section 482 Code of Criminal Procedure in view of the decision of Supreme Court in (Deepti alias Arati Rai v. Akhil Rai and others)1 reported in J.T. 1995 (7) S.C. 175, the learned Counsel Mr. Haq submitted that he would be satisfied to sustain his case Article 227 of the Constitution of India.

2. The 2nd respondent instituted a proceeding under section 125 of the Code of Criminal Procedure, 1973 (for short the Code) for maintenance against the writ petition. The learned Judicial Magistrate First Class, Pusad, allowed the petition directing the writ petitioner to pay an amount of Rs. 150/- per month to the 2nd respondent. He also allowed costs of Rs. 150 in favour of the 2nd respondent As indicated above, the writ petitioner challenged the said order unsuccessfully before the learned Addl. Session









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