LAWS(BOM)-1986-8-63

KRISHNA Vs. INDU

Decided On August 22, 1986
KRISHNA Appellant
V/S
INDU Respondents

JUDGEMENT

(1.) THE present revision is filed by the husband against the order of the Judicial Magistrate, First Class, Balapur dated 6 -8 -85 in execution case, filed by wife claiming the amount of maintenance.

(2.) THE respondent wife Indu was granted Rs. 100/ - p.m as maintenance in an earlier proceedings. She stated execution of that order in Misc. Criminal Case No. 71/85. In that execution proceedings, the applicant filed an application under Section 125(5) of the Criminal Procedure Code claiming that Indu is earning a sum of Rs. 200/ - p. m. by the illegal dealings. No illegal dealing has been made clear in the application nor there are any allegations in clear terms that Indu has been living in adultery. Under these circumstances, the trial court rejected the application of the applicant. This order is impugned in this revision application.

(3.) NONE appeared for the applicant -respondent, as well as for the respondent No. 1, Shri B. T. Patil, A.P.P. appeared for the State -respondent No. 2.