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2016 Supreme(Bom) 661

M.S.SONAK
Shakil Ahmad Jalaluddin Shaikh – Appellant
Versus
Vahida Shakil Shaikh – Respondent


Advocates Appeared:
For the Appellant : R.S. Khadapkar, Adv.
For the Respondent: Tejasweeta Bhosale h/f. R.S. Kate, Advs.

JUDGMENT :

M.S. Sonak, J.

1. The challenge in this petition is to the judgment and order dated 31 August 2007 made by the Additional Sessions Judge, Karad (ASJ) in criminal revision No. 58 of 2006. By the impugned judgment and order, the Sessions Judge has reversed the judgment and order dated 29 September 2006 made by the Judicial Magistrate First Class (JMFC) Karad, in misc. criminal application No. 506 of 2005. The JMFC had dismissed the respondent No. 1's application for maintenance under Section 125 of the Cr.P.C. By the impugned judgment and order, the Sessions Judge has allowed the respondent No. 1's application and directed the petitioner to pay maintenance of Rs. 1,500/- per month to the respondent No. 1, apart from Rs. 5,000/- towards costs of the proceedings. Hence, the present petition.

2. Mr. R.S. Khadapkar, the learned counsel for the petitioner has submitted that the Sessions Judge has exceeded the bounds of revisional jurisdiction, in as much as the Sessions Judge has reassessed the findings on record and reversed the finding of fact rendered by the JMFC. In any case, Mr. Khadapkar submitted that the material on record overwhelmingly makes it clear that the petitioner


























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