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2005 Supreme(Bom) 402

D.B.BHOSALE, S.B.MHASE
Gorakshnath Khandu Bagal – Appellant
Versus
State of Maharashtra – Respondent


Judgment

S. B. MHASE, J.

( 1 ) THIS Criminal Revision application arises from the order passed in PER no. 444/2004, which was filed by the respondent wife for recovery of arrears of maintenance for a period of 16 months at the rate of Rs. 1,500/- per month for Respondent no. 1 and her daughter Kum. Darshana, in addition to the costs. This PER No. 444/2004 was filed by respondent for recovery of maintenance allowance after the Petition No. 27/ 2003 filed under section 125 of Cr. P. C. was disposed of by the Family Court No. 1, Pune, fixing the maintenance at the rate of Rs. 1,500/ - per month to the wife and minor daughter darshana. Since there were arrears amounting to Rs. 24,000/- for a period of 16 months, the warrant was issued to the applicant. The applicant expressed inability to pay any amount and showed willingness to suffer imprisonment. There was no other alternative left for the Family Court No. 1, Pune, but to pass an order of sentence. The Family Court has also found that, to justify the non-payment, there is no plausible cause placed on record by husband and since the passing of the order u/s. 125, the respondent wife and her daughter have not received any benefits of t









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