LAWS(BOM)-1995-9-71

KALAWATI RAVINDRA MALEWAR Vs. RAVINDRA VISHWANATH MALEWAR

Decided On September 06, 1995
Kalawati Ravindra Malewar Appellant
V/S
Ravindra Vishwanath Malewar Respondents

JUDGEMENT

(1.) This application raises an intricate, but important question relating to jurisdiction of this Court under section 482 of Code of Criminal Procedure.

(2.) Original applicant Kalawati filed proceedings under section 125 of the Code for grant of maintenance. On 1-9-1987, Magistrate allowed her application and directed original non-applicant/husband Ravindra to pay maintenance at the rate of rupees three hundred per month. The non-applicant/husband presented a revision against the said order before this Court. However, it was withdrawn. Subsequently, he applied under section 127 of the Code for altering maintenance in view of change in circumstances. It was rejected by the Magistrate. The non-applicant/husband, therefore, presented Criminal Revision Application No. 147/93.

(3.) On 13-10-1993, the matter was admitted and notice was issued to applicant/wife. The matter was heard on 25-11-1993. However, applicant/wife was not represented. The applicant of original non-applicant/husband was allowed and order granting maintenance in favour of applicant/wife was set aside.