R.M. Lodha, J. - Mrs. Swati wife of Suresh Ubale is aggrieved by the order dated 229-1994 passed by the Judicial Magistrate, First Class, 9th Court, Nagpur, whereby the said Court refused to pass appropriate orders for recovery of maintenance arrears in respect of the period from January 1993 till the date of passing of the order, and by this application under section 482 of the Code of Criminal Procedure, she challenges the order dated 22-9-1994 passed by the Judicial Magistrate, First Class, 9th Court, Nagpur.

2. Applicant Swati (for short 'the wife') is admittedly the wife of non-applicant No.1 Suresh Laxman Ubale (for short 'the husband'). It is not disputed that in the proceedings under section 125 of the Code of Criminal Procedure at the instance of the wife the Judicial Magistrate, First Class, Nagpur, awarded maintenance at the rate -of Rs. 200/- per month payable by the husband, vide order dated 31-7 -1985 in Criminal Case No. 92 of 1993.

3 . Two applications were filed by the wife in the Court of the 9th Judicial Magistrate, First Class, Nagpur. The first application was filed on 11-2-/1992/4-3-1992 by the wife in the Court of the 9th Judicial Magistrate, .first Class, Nagpur, stating therein that the husband has been very irregular in payment of maintenance amount and he never pays the maintenance monthly in time. According to the averments made in the said application, the husband was in arrears of maintenance since March 1991 and the total outstanding amount on that date was Rs. 3,300/ -. By another application dated 16-12-1992, the wife brought to the notice of the Court that the husband is in arrears of maintenance from the period from March 1992 to December 1992, amounting to Rs. 3,000/-. In the first application filed on 11-2-1992/4-3-1992 the wife prayed that the husband be sentenced to suffer RI. for the defaulted amount till the maintenance amount was fully paid by him, and in the application dated 16-12-1992 the wife prayed that the husband be directed to pay the maintenance outstanding and he be sentenced for each month amount unpaid.

4. Both these applications were contested by the husband. The husband placed on record two pursis. Pursis (Exh. 16) was filed by the husband to show that he had deposited Rs. 6,900/- in the case bearing No. 86/92 - the application in which the wife submitted that arrears of maintenance was outstanding since March 1991 to the date of making of the application dated 11-2-1992/4-31992, (maintenance for 11 months amounting to Rs. 3,300/- had become outstanding) and the husband submitted that in that case he had paid the excess amount of Rs. 3,600/-. The application filed by the wife on 16-12-1992, seeking , arrears of maintenance from the husband from March 1992 to December 1992 was registered as Misc. Case No. 384/92 and in that case the pursis was filed by the husband seeking adjustment of Rs. 3,600/-, which he paid in excess in Mise. Case No. 86/92, and submitted that the excess amount be adjusted for satisfaction of the amount prayed by the wife in the application filed on 16-12-1992 and thus no amount was outstanding.

5. Both the applications, which were registered as Misc. Case Nos. 86/92 and 384/92, were disposed of by the Judicial Magistrate, First Class, 9th Court, Nagpur, on 22-9-1994 and by that time the amount of maintenance from January 1993 also became due and the wife prayed before the judicial Magistrate, First Class, 9th Court, Nagpur, that while disposing of these two applications, the husband be ordered to pay arrears of maintenance from January 1993 as well, but the said prayer was negative by the Judicial Magistrate, First Class, 9th Court, Nagpur, in the order dated 22-9-1994, observing that such prayer cannot be entertained in these applications. This part of the order passed by the Judicial Magistrate, First Class; 9th Court Nagpur, on 22-9-1994 has given rise to the present application under section 482 of the Code of Criminal Procedure.

6. Shri Pars