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2013 Supreme(Bom) 1124

T.V.NALAWADE
Ravindra s/o. Bhimrao Patil – Appellant
Versus
Sau Alka w/o. Ravindra Patil – Respondent


Advocates Appeared:
For the Petitioners:K.C. Sant, Advocate.
For the Respondents:D.S. Bagul, Advocate.

Judgment :

1. Rule. By consent, rule made returnable forthwith. Heard both the sides for final disposal.

2. Both the proceedings are filed against the judgment and order of Criminal Revision Application No. 226 of 2008, which was pending in the Court of Sessions, Jalgaon. The Judicial Magistrate, First Class had refused maintenance in the proceeding bearing Criminal M.A. No. 621 of 2001 which was filed under section 125 of Criminal Procedure Code by the wife. The Sessions Court allowed the revision of the wife by setting aside the judgment of J.M.F.C. The Sessions Court has granted maintenance at the rate of Rs. 1,000/- per month. As the Sessions Court has made the maintenance payable from 18.7.2008, which is the date of decision of the proceeding, which was filed under section 125 of Cr.P.C. before J.M.F.C., Criminal Writ Petition No. 762 of 2011 is filed by the wife. It is the case of wife that she is entitled to get maintenance right from the date of application i.e. 11.10.2001. As the judgment and order of J.M.F.C. is set aside and maintenance is allowed to the wife in revision, this decision is challenged by husband in Criminal Writ Petition No. 593 of 2011.

3. The parties are




















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