RAVINDRA HARIBHAU KARMARKAR Vs. SHAILA RAVINDRA KARMARKAR

JUDGEMENT

(1.) IN the instant application, the substantial question of law, in the public interest, has been raised and requires decision from this Court. The substantial question of law raised is as under:

(2.) THE facts giving rise to the above question of law, in nutshell, are as under: The applicant and the non-applicant are the legally married spouses. Their marriage was solmnised as per the customs and rites of Hindu Religion, some times in the year 1969 at Buldana. Out of the wed-lock, they have two issues viz. first issue is a son - Sagar who is living with the applicant while the second issue a daughter Miss Anjali is living with the non-applicant No. 1 Mrs. Shaila Karmarkar. The couple had been to Canada and U. S. A. where they stayed for 12 to 13 years along with their children. Both returned some time in the year 1984 to India and stayed at Buldana till 1986. During this period, their relations became strained and ultimately on 19/5/86, the non-applicant filed an application u / s. 125 of Cr. P. C. against the applicant for maintenance for her and the daughter. Along with the application for maintenance, the wife had also filed an application for interim maintenance @ Rs. 500/- p. m. for both the non-applicants, on the very day. The learned trial Court, after hearing the parties and considering the facts, awarded Rs. 250. 0 p. m. to the wife and Rs. 150/- p. m. to the daughter, as interim relief. Since the day of the order, the applicant has paid Rs. 24,000/ - to the non-applicants as maintenance allowance and that too in advance. Mr. Vidwanash, the learned counsel for the applicant submitted that the applicant has made the payment in advance till October 1991.

(3.) ON 15th or 16th of October 1986, the non-applicant No. 1 wife filed a regular Civil Suit No. 227/86 for permanent alimony and also for arrears of maintenance. Along with the plaint, an application for the attachment of the property before judgment was also filed. On 28-4-1989, the Joint Civil Judge, Jr. Dn. , Buldana passed the following order on the said application: