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2016 Supreme(Bom) 1518

Z.A.HAQ
Sau. Padma Alias Vaishali Dhammapal Ghanbahaddur C/o Say. Saraswatabai Kisanrao Sirsat – Appellant
Versus
Dhammapal Tejrao Ghanbahaddur – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Shri N.B. Jawade, Advocate.
For the Non-Applicant :Shri U.J. Deshpande, Advocate.

JUDGMENT :

Z.A. Haq, J.

Heard Shri N.B. Jawade, advocate for the wife and Shri U.J. Deshpande, advocate for the husband.

2. Rule. Rule made returnable forthwith.

3. The wife had filed proceedings under Section 125 of the Code of Criminal Procedure E.P. No. 225/2009 which was allowed by the order dated 23rd July, 2010 and husband was directed to pay maintenance of Rs. 1,000/- per month. At that time, the husband was working as Shikshan Sevak and getting honorarium of Rs. 3000/- per month. Subsequently, the husband acquired the status of permanent Teacher and his salary increased substantially. In view of changed circumstances, the wife filed an application under Section 127 of the Code of Criminal Procedure praying for enhancement in the amount of maintenance. The Family Court, by the impugned order, has partly allowed the claim of the wife and has directed the husband to pay Rs. 2,500/- per month to the wife from the date of the order and to pay Rs. 20,000/- in lump sum towards arrears of enhanced amount of maintenance.

The husband has challenged the above order contending that the application filed by the wife under Section 127 of the Code of Criminal Procedure is required to be reject














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