LAWS(BOM)-2008-7-145

ANANT TUKARAM NALAWADE Vs. LATIKA ANANT NALAWADE

Decided On July 25, 2008
ANANT TUKARAM NALAWADE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioner challenges the orders passed on 1.11.2007 below Exh.5 and 17/1/2008 below Exh.11 in Criminal Revision Application No.299 of 2007 by the Sessions Judge, Sangli.

(2.) The facts giving rise to the present petition are as follows: The petitioner and the respondent No.1 are husband and wife. The respondent No.1 has filed Special Civil Suit No.63 of 2003 before the Civil Judge (Sr.Divn.), Sangli, seeking maintenance at the rate of Rs.10,000/per month. An application for interim relief was also preferred by the respondent No.1 in this suit. The petitioner contested the suit and opposed the grant of interim maintenance. The C.J.S.D., Sangli allowed the application filed by the respondent No.1 partly by directing the petitioner to pay Rs.1500/- per month to the respondent No.1. This order was passed on 14.1.2006.

(3.) In the meantime, while the Civil Suit was pending, the respondent No.1 filed Criminal Misc. Application No.64 of 2005 claiming maintenance under Section 125 of the Cr.P.C. on 1.3.2005. The J.M.F.C., Tasgaon granted an interim maintenance of Rs.500/- per month to the respondent No.1 by an order dated 16.1.2005. Aggrieved by this order, the petitioner preferred Criminal Revision Application No.96 of 2005 before the Sessions Court, Sangli. The order of the Trial Court was set aside by the Sessions Court and the application for interim maintenance was dismissed.