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1980 Supreme(Bom) 265

K.M.MISHRA
ALI KHAN – Appellant
Versus
HAJRAMBI – Respondent


JUDGEMENT

1. This is for the fourth time this matter relating to recovery of arrears of maintenance in favour of the wife/respondent No. 1, has come up before this Court.

2. After the order of maintenance was passed on 21-11-1975, the wife/respondent No. 1 put in her first application for execution of the order on 19-10-1977. The husband/petitioner made an offer to take back the wife. A point was also taken by him that certain portion of the claim for arrears of maintenance was barred by time. The objections raised by the husband having been dismissed and a warrant ordered to be issued under Section 125(3) r/w. Section 421(b), the husband preferred criminal revision application No. 7/78 in this Court pointing out two irregularities; one relating to non-compliance of the provisions contained in the second proviso to Sub-Section (3) to Section 125, Cr. P.C., and the second relating to issuance of an order for holding back the maintenance amount from the salary of the husband without issuing necessary warrant as provided by law. When the matter came up for hearing it was agreed that the matter should be sent back to, the court of the Magistrate for following the procedure laid down in S


















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