PRAVIN NIWRITTI SAWANT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) MR. Manvadi, learned advocate appointed on behalf of the petitioner seeks leave to implead the State of Maharashtra, as respondent No. 4. Leave granted. Amendment be effected immediately.

(2.) RULE. Rule made returnable forthwith. With consent of the Counsel for both the parties, the matter is taken up for final hearing immediately.

(3.) TO state in brief, the wife and minor children of the present petitioner had filed criminal Misc. Application No. 130/1997 under section 125 of Cri. P. C. for maintenance before the J. M. F. C. , ichalkarnji. The application was contested by the petitioner. After hearing the parties, respondent No. 1. Mr. J. B. Anandgaonkar, the then J. M. F. C. , passed the order dated 14/11/1997 allowing the maintenance application. That order was challenged by the petitioner in Criminal Revision application No. 222/1997 before the sessions Court, Kolhapur contending that the learned Magistrate had not made proper inquiry about the various aspects. That revision application was allowed by order dated 16/1/2001 and the maintenance application was remanded back to the j. M. F. C. , Ichalkaranji for fresh inquiry. After fresh inquiry respondent No. 2. Mr. G. G. Bhansali passed the order dated 4/ 4/2003 granting maintenance to the wife and the children. That order was again challenged by the petitioner in Revision application No. 148/2003, which was rejected by the respondent No. 3 Smt. P. P. Kulkarni by the judgment dated 17/8/2004.