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2009 Supreme(Bom) 111

S.S.SHINDE
Hashim Huzursab Sayeed – Appellant
Versus
Goribi Hashim Sayeed – Respondent


Advocates Appeared: For the Applicant:P.B. Rakhunde Advocate h/f. Shri. S.B. Bhapkar, Advocates. For the Respondents:R1 & R2, Smt. Anjali Bajpai-Dube, Advocate, R3, Smt. S.B. Wadmare, A.P.P.

Judgment :

The present application is filed by the applicant, challenging the judgment and order dated 21st October, 2000 passed by the Additional Sessions Judge, Latur in Criminal Revision Application No. 126/1999.

2. Background facts of the case are as under:- The respondents herein filed an application under section 125 of Criminal Procedure Code before the Judicial Magistrate, First Class, Latur praying for maintenance for Rs.500/- for respondent No. 1 and Rs.400/- for respondent No. 2. It was the case of the respondents before the J.M.F.C. that the applicant herein is the husband and since he has neglected and refused to maintain the respondent Nos. 1 and 2, the application for maintenance is filed.

3. The present applicant filed his reply before the J.M.F.C. and resisted the application. It was the contention of the applicant that respondent No. 2 is not the son of the applicant. However, the relations with respondent No. 1 was admitted by the applicant. It was contention of the applicant that he is poor person and he is not able to pay maintenance amount of Rs.700/-. He is working as a driver of private jeep and he is having three and half acres Jirayat land in the name of












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