ASHA DEVIDAS SOLANKE Vs. DEVIDAS GOVINDRAO SOLANKE

JUDGEMENT

(1.) The applicants, claiming to be the wife and son of non- applicant 1-Devidas Solanke preferred an application for grant of maintenance under Section 125 of the Criminal Procedure Code, 1973 (Code) which came to be registered as Miscellaneous Criminal Case 685/2014. By judgment dated 30-3-2016, the learned 5th Judicial Magistrate First Class, Akola allowed the application partly and directed non-applicant 1 herein to pay monthly maintenance of Rs.2,000/- to applicant 1 and monthly maintenance of Rs.1,000/- to applicant 2 with effect from the date of the application. Applicant 2 is held entitled to maintenance till he attains majority.

(2.) Non-applicant 1 herein challenged the order of the learned Magistrate in Revision 65/2016. By judgment dated 26-9-2017, the learned 4th Additional Sessions Judge, Akola allowed the revision, set aside the order of the learned Magistrate and remanded the matter to the learned Magistrate for fresh decision keeping in view the observations in the judgment of remand. Being aggrieved by the judgment of the learned Sessions Judge, the applicants are invoking this Court's inherent powers under Section 482 of the Code.

(3.) Before adverting to the merits of the matter, one development during the pendency of this application may be noted. In view of the vehement assertion of non-applicant 1 that applicant 1 is not his wife nor is the applicant 2 his son, the following order was passed on 18-4-2019.