JUDGMENT - N.V. DABHOLKAR, J.:---This writ petition arises out of the maintenance proceedings under Chapter IX of the Code of Criminal Procedure, 1973 on the file of the Judicial Magistrate First Class, Solapur. Petitioner No. 2 is the son of the petitioner No. 1 and respondent No. 1. Petitioner No. 1 and respondent No. 1 were married on 29-5-1997.

The petition prays to set aside the order passed by the Assistant Sessions Judge, Solapur on 4-4-1994 in Criminal Revision No. 137 of 1992 and award maintenance in favour of the wife.

2. The admitted facts in this contest for the maintenance are as follows :-

First legal battle for the maintenance took place in the form of application by wife under section 125 of the Code of Criminal Procedure, 1973 being Application No. 115 of 1980. (Henceforth, the parties are referred to as the wife, husband and child for the sake of brevity). The application concluded in favour of the petitioners and maintenance at the rate of Rs. 75 and Rs. 25 per month was awarded in favour of the wife and child respectively. This was sometime in the year 1981. Admittedly this decision was not challenged by the husband.

The Application No. 142 of 1984 was filed unde

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