SWATI SURESH UBALE Vs. SURESH LAXMAN UBALE

JUDGEMENT

(1.) MRS. Swati wife of Suresh Ubale is aggrieved by the order dated 229-1994 passed by the Judicial Magistrate, First Class, 9th Court, Nagpur, whereby the said Court refused to pass appropriate orders for recovery of maintenance arrears in respect of the period from January 1993 till the date of passing of the order, and by this application under section 482 of the Code of Criminal Procedure, she challenges the order dated 22-9-1994 passed by the Judicial Magistrate, First Class, 9th Court, Nagpur.

(2.) APPLICANT Swati (for short the 'wife') is admittedly the wife of non-applicant No. 1 Suresh Laxman Ubale (for short the 'husband' ). It is not disputed that in the proceedings under section 125 of the Code of Criminal Procedure at the instance of the wife the Judicial Magistrate, First Class, Nagpur, awarded maintenance at the rate -of Rs. 200/- per month payable by the husband, vide order dated 31-7 -1985 in Criminal Case No. 92 of 1993.

(3.) TWO applications were filed by the wife in the Court of the 9th Judicial Magistrate, First Class, Nagpur. The first application was filed on 11-2-/1992/4-3-1992 by the wife in the Court of the 9th Judicial Magistrate,. first Class, Nagpur, stating therein that the husband has been very irregular in payment of maintenance amount and he never pays the maintenance monthly in time. According to the averments made in the said application, the husband was in arrears of maintenance since March 1991 and the total outstanding amount on that date was Rs. 3,300/ -. By another application dated 16-12-1992, the wife brought to the notice of the Court that the husband is in arrears of maintenance from the period from March 1992 to December 1992, amounting to Rs. 3,000/ -. In the first application filed on 11-2-1992/4-3-1992 the wife prayed that the husband be sentenced to suffer RI. for the defaulted amount till the maintenance amount was fully paid by him, and in the application dated 16-12-1992 the wife prayed that the husband be directed to pay the maintenance outstanding and he be sentenced for each month amount unpaid.