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2024 Supreme(Online)(Bom) 5629

BOMBAY HIGH COURT
SANJAY A. DESHMUKH, J
PRAKASH S/O EKNATH DHEPLE – Appellant
Versus
VITHABAI W/O PRAKASH DHEPLE AND ANOTHER – Respondent


Advocates:
Prakash Eknath Dheple-party-in-person – Applicant Advocate for Respondent Nos.1 & 2: Mr.Jadhav Madhav K.

J U D G M E N T :-

1. The applicant has challenged the judgment and order passed by the learned Family Court, Aurangabad in Criminal M.A. No. 47 of 2019 and the Criminal M.A. No. 1 of 2021, dated 28.4.2023. It was application for cancellation of maintenance. It was rejected. The respondents’ application bearing Criminal Application No.1 of 2021 was simultaneously decided by common judgment. It was allowed.

2. Brief facts giving rise to this revision application are as under:-

a) The applicant and respondent no.1 married on 21.5.1998. Respondent no.2 is their son viz. Kailas, who is student. Thereafter, the respondents filed an application for granting maintenance under Section 125 of Cr.P.C. The respondent No. 1 wife got Rs.1500/- per month and the respondent No. 2 son got Rs.2000/- as maintenance.

b) The applicant contended that the respondent wife is in private employment and is earning an amount of Rs.12,000/- to Rs.15,000/- p.m.. She had obtained that order of maintenance by suppressing the fact that she is serving in private company and earning that amount. The applicant, therefore, prayed to cancel that order granting maintenance.

c) The respondents by filing their reply objected

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