LAWS(BOM)-1998-6-10

LEELAVATI NIVRUTTI KAKADE Vs. NIVRUTTI BABURAO KAKADE

Decided On June 26, 1998
LEELAVATI NIVRUTTI KAKADE Appellant
V/S
NIVRUTTI BABURAO KAKADE Respondents

JUDGEMENT

(1.) RESPONDENT No.1 Nivrutti is the husband of the applicant No.1 Sou. Leelavati and father of applicant No.2 Hemlata. It appears that the applicant No.1 filed an application for maintenance under Section 125 Cr. P. C. on 26-7-1983 before JMFC Bhor. The learned Magistrate was pleased to direct the respondent No.1 to pay Rs. 40/- p. m. and Rs. 20/- p. m. as maintenance to the applicant Nos. 1 and 2 respectively. Subsequently, the applicants moved an application under section 127 Cr. P. C. for enhancement of the maintenance allowance before the JMFC, Bhor. In the said application, it was mentioned that since the salary of the respondent was Rs. 1100/- p. m. he be directed to pay maintenance at the rate of Rs. 160/- p. m. to the applicant Sou. Leelavati and Rs. 150/- p. m. to applicant Hemlata. The learned JMFC, Bhor vide his order dated 16-2-1989, accepted the prayer of the applicants and increased the maintenance allowance in the manner prayed by them.

(2.) AGGRIEVED by the said order, the respondent No.1 preferred criminal Revision Application No.83 of 1990 before the Additional Sessions Judge, Pune, who was pleased to partly allow it inasmuch as he directed that the respondent No.1 instead of paying Rs. 160/- p. m. and Rs. 150/- p. m. to the applicant Sou. Leelavati and Kum. Hemlata respectively would pay them Rs. 125/- p. m. and Rs. 100/- p. m. respectively.