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2013 Supreme(Del) 476

GITA MITTAL, J.R.MIDHA
Sajid Ali – Appellant
Versus
State – Respondent


Judgment :-

Gita Mittal, J.

1. The above criminal writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for issuance of a writ for quashing the order dated 15th December, 2012 and 17th January, 2013 passed by the learned Additional Sessions Judge dismissing the petitioner‘s revision petition for his failure to pay the entire arrears of maintenance as a pre-condition for entertainment of the petition. It is contended that this pre-condition is imposed pursuant to a decision of a learned Single Judge of this court which is also challenged herein. The respondent no.2 before us is the first wife of the present petitioner, while respondent nos.3 to 5 are their three children who are residing with the mother.

2. When the case was listed on 19th March, 2013, learned counsel for the petitioner was pressing for interim stay of the maintenance order which, if granted, would cause irretrievable damage to his wife and children. Maintenance needed today – is of little solace if delayed. And the delay traumatic, if not disastrous for those deprived of it. There was urgency in the matter as on the one side, a wife and c


































































































































































































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