BALRAJ VAMANRAO ENGLEY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this application under Article 227 of the Constitution of India, the petitioner has prayed for an appropriate writ, order and/or direction, quashing and setting aside the impugned order dated 4th July,2006 passed by learned Additional Sessions Judge and Presiding Officer, 5th Fast Track Court, Surat in Criminal Revision Application No. 145 of 2006 as well as order dated 9th March,2006 passed by learned Judicial Magistrate, First Class, Surat in Maintenance Application No. 39 of 2003.

(2.) BOTH the Courts below have passed an impugned orders under Section 125 of the Code of Criminal Procedure, directing the petitioner to pay maintenance to respondent no. 2 - wife at the rate of Rs. 1500/- per month and respondent Nos. 3 and 4 - minor sons at the rate of Rs. 1000/- each per month, in all Rs. 3,500/- per month.

(3.) AT the outset, it is required to be noted that by way of interim relief, learned Single Judge granted ad-interim relief in terms of Para - 24 (B) on condition that the petitioner shall continue to pay Rs. 2,000/- per month towards the maintenance. That order came to be passed in the year 2006.