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1995 Supreme(Online)(Bom) 12

BOMBAY HIGH COURT
R. M. Lodha, J.
Kunjilal v. Sushila and Another


Table of Content
1. challenge to maintenance order based on marital status. (Para 1 , 2 , 3)
2. court's justification for maintaining interim support. (Para 4 , 5)
3. discussion on the authority to grant interim maintenance. (Para 6 , 7 , 8)
4. final decision upholding lower court's ruling. (Para 9)

1. This petition has been filed Kunjilal Hanumanlal Jaiswal challenging the order dated 16-10-1993 passed by the Joint District Judge and Additional Sessions Judge, Nagpur in Criminal Re vision No. 352 of 90 and the order dated 2-7-1990 passed by the Judicial Magistrate, First Class, 3rd Court, Nagpur in Misc. Criminal Case No. 41 of 1989 awarding maintenance @ Rs. 250/- to each of the respondents viz. Smt. Sushila alias Iqbal Banoo and Kundanlal Jaiswal, from the date of application.

2. The facts leading to the filing of present writ petition are that, the non - applicants 1 and 2 viz. Sushila alias Iqbal Banoo and Kundanlal Jaiswal (hereinafter referred to as the 'wife' and 'sons' respectively) filed an application under S. 125 of the Criminal Procedure Code (for short, 'Cr. P.C.') against the petitioner Kunjilal Hanumanlal Jaiswal (hereinafter referred to as the 'husband') for grant of m








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