SHANKAR BALIRAM THAKRE Vs. MANKARANABAI

JUDGEMENT

(1.) THIS writ petition under Article 227 of Constitution of India is directed against the orders dated 30.12.1992 and 23.8.1994.

(2.) BRIEF facts are that the petitioner is the husband of respondent. On the allegation that the petitioner has refused/neglected to maintain the respondent, she instituted Misc. Cr. Case No. 165/90 under Section 125, Criminal Procedure Code before J.M.F.C. Khamgaon. The learned Magistrate by his order dated 30.12.1992 allowed the application and ordered petitioner to pay maintenance at the rate of Rs. 500/ - p.m. and further directed that the said order shall take effect fro the date of the petition i.e. from 27.12.1990. Aggrieved by the said order, the petitioner preferred Criminal Revision No. 13/93 before the Sessions Judge, Khamgaon which was heard along with Cr. Revision No. 42/93, which was against the distress warrant in the execution proceedings. The learned Additional Sessions Judge dismissed both the revisions. This writ petition under Article 227 of the Constitution, as indicated above is directed against the aforesaid two orders of J.M.F.C. and Additional Sessions Judge in relation to the order directing payment of maintenance.

(3.) THE learned counsel Shri Deshpande on behalf of the petitioner urges that the impugned orders cannot stand scrutiny in view of Section 125(4) Criminal Procedure Code and the respondent herself has admitted that she is residing separate by mutual consent. The learned counsel relied on para 6 of judgment of learned Additional Sessions Judge to contend that the respondent was living separate on account of mutual consent between herself and her husband. In view of the same, according to the learned counsel, orders of both the Courts below are vitiated and are liable to be quashed by exercising jurisdiction under Article 227 of Constitution of India.