MANSUB BHAGWAT KHILLARE Vs. PARIGABAI MANSUB KHILLARE

JUDGEMENT

(1.) RULE . Rule made returnable forthwith. By consent, heard finally.

(2.) THOUGH I have heard the learned counsel for the petitioner and the learned counsel for the respondents at length, it is not necessary to discuss the rival contentions in depth in the view that I am taking. The petitioner who has been ordered to pay maintenance to his wife Parigabai and daughter Yogita the respondent nos. 1 and 2 herein, by the order passed by the Judicial Magistrate First Class, Vaijapur under the provisions of Section 125 of the Code of Criminal Procedure, being aggrieved thereby had approached the Court of Sessions in revision challenging the said order. His revision application also came to be dismissed and therefore, he has approached this court invoking its Constitutional jurisdiction.

(3.) AFTER considering all the relevant aspects of the matter since all that has been submitted is that, the matter may be remanded back to the Magistrate by giving an opportunity to the petitioner to produce additional evidence in support of his contention about his disability and the consequent expenses required to be done by him for his own medical treatment. I am inclined to remand the matter back. It, however, needs to be clarified that even the respondents shall be free to adduce such further evidence as they may think necessary to adduce.