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2008 Supreme(Bom) 1353

V.R.KINGAONKAR
Pushpa Alias Chahabai Bhausaheb Gade – Appellant
Versus
Bhausaheb Ranuji Gade – Respondent


Advocates Appeared:
Mr. A.B. Gatne, Advocate for the petitioners
Mr. Mr. P.P. Darak for Mr. A.S. Bajaj, Advocate for respondent

JUDGMENT:

1. Challenge in this petition is to judgment rendered by learned Additional Sessions Judge, Sangamner in Criminal Revision Application No.343/2000 whereby and whereunder monthly maintenance allowance @ Rs.400/- p.m. and Rs.300/- p.m. is granted to the petitioners No.1 and 2, partly reversing maintenance order rendered by learned Judicial Magistrate (FC), Akole, whereby they were granted maintenance allowance @ Rs.700/- pm. and Rs.500/- p.m., respectively.

2. The petitioners are wife and minor daughter of the respondent. Marriage between petitioner No.1 Smt.Pushpa and respondent-Bhausaheb was solemnised on 21st April 1994 in accordance with tenets of Hindu religion. Out of the wedlock, petitioner No.2 Priyanka was born. The petitioners asserted that they were maltreated and driven out of the house by the respondent. He refused and neglected to maintain them. He owns about 18 to 20 acres irrigated land. He also earns income by doing business of milk vending. He has sufficient means to pay separate maintenance allowance. They have no source of income. Consequently, they filed application u/s 125 of the Code of Criminal Procedure (Cri.M.A. No.142/1998) seeking separate mainten








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