BOMBAY HIGH COURT
AP Deshpande, J
Bhagwat Baburao Gaikwad and Another v. Baburao Bhaiyya Gaikwad and Another
1. This is a petition under S.482 of Code of Criminal Procedure, challenging the orders passed by the Third Additional Sessions Judge, Nagpur, in Criminal Revision Applications Nos. 1550 / 92, 155/92 and one unregistered Criminal Revision Application dated 10-2-1993. The proceeding raises really a vitally important question of law which pertains to the right of recovery of maintenance allowance by a person who is entitled to maintenance allowance under the provisions of S.125 of Code of Criminal Procedure, 1973 by attachment of the salary of the person who is subjected to order of payment of maintenance allowance.
2. Petitioners are the minor sons of respondent No. 1. In Misc. Criminal Application No. 139 / 88 filed by them under S.125 of the Code of Criminal Procedure, they had applied for maintenance allowance from their father, the respondent No. 1. The matter came to be decided on 20-6-1989. The respondent No.1 had committed defaults in payment of the maintenance allowance. There fore, three consecutive recovery proceedings were filed before the learned Magistrate for recovery of the arrears of maintenance allowance for the periods from 2-11-1988 to 30-6-1989, 14-2-1990 to 31-
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