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2009 Supreme(Bom) 1451

P.R.BORKAR
Shaikh Sadiq Shaikh Rahim – Appellant
Versus
Shabanabi d/o. Saiyed Shaukat Ali – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:N.R. Shaikh, Advocate.
For the Respondents:S.P. Bhahme, Advocate.

Judgment :

Oral Judgment:

1. Rule. Rule made returnable forthwith. With the consent of learned advocates for the parties, the writ petitions are heard finally at the stage of admission.

2. Both these writ petitions arise out of order passed by the Jt. Judicial Magistrate, First Class, Bhusawal, in Criminal Misc. Application No. 372 of 2003, decided on 05.10.2005, whereby the learned Magistrate held that Shabanabi who is petitioner No.1 in Writ Petition No. 650 of 2009, is a divorced wife of respondent Shaikh Sadiq therein, and as such was not entitled to claim maintenance under Section 125 of Cr.P.C.; whereas he held that petitioner No.2 Danish and petitioner No.2 Rahil were entitled to maintenance of Rs. 700/- p.m. As against said decision Shabana and her two minor sons filed Revision Application No. 343 of 2005 and the learned Additional Sessions Judge, Jalgaon, who decided the Revision on 18.04.2009, held that original applicant Shabanabi was not entitled to any maintenance, but her sons Danish and Rahil were entitled to maintenance of Rs. 1000/- p.m. instead of Rs. 700/- p.m.

3. Criminal Writ Petition No. 650 of 2009 is filed by Shabanabi and her two minor sons being aggrieved















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