BHAUSAHEB S/O LAXMAN KSHIRSAGAR Vs. LAXMAN

JUDGEMENT

(1.) ''Heard learned Counsel for the respondent Nos.3 and 4 absent, although served.

(2.) BY the present petition filed by the petitioner (original respondent No.1) under Article 227 of the Constitution of India, and under Sections 482 and 125 of the Code of Criminal Procedure, 1973, prayed that judgment and order dated 24.3.2004, rendered by the learned Judicial Magistrate (F.C.), Rahuri, in Criminal Miscellaneous Application No.365/2002, and the judgment and order dated 9.9.2004, rendered by the learned 5th Ad hoc Additional Sessions Judge. Ahmednagar in Criminal Revision Application No. 130/2004, be quashed and set aside by issuance of writ of certiorari. Factual matrix

(3.) THE said applicants also asserted that the Opponent No.2 Rambhau was also having agricultural Bagayat land and he was getting Rs.75,000 per year whereas Opponent No. 3 Bharat was also having agricultural Bagayat lands and he was also getting Rs.1,00,000 per year therefrom. They also contended that he was having business of milk and he was getting Rs. 2,000 to Rs. 3,000 per month therefrom. The application of the said applicants also revealed that due to old age, the opponent deserted them and did not make any provision for their food, shelter and clothes. Moreover, it is submitted that each of the opponents is in well position to provide separate maintenance of Rs. 1,500 per month to the applicants. It is also contended that the applicant No.1 was in need of emergent fund of Rs. 20,000 for his operation on the eye, but none of the respondents was ready and willing therefor. Hence, applicants were constrained to file said application claiming maintenance as mentioned therein.