The High Court dismissed a criminal writ petition challenging an order enhancing maintenance under Section 125 of the Criminal Procedure Code. The Court held that the lower judicial magistrate had properly considered the needs of the respondents and the petitioner's capacity
Petition stands dismissed; maintenance enhancement upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cri.W.P. No. 529/14
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IN THE HIGH COURT AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 529 OF 2014
Pramod s/o. Sukhdeo Wadile
....Petitioner.
Versus
Archana w/o. Pramod Wadile and Ors.
....Respondents.
Mr. F.R. Tandale, Advocate for petitioner. Mr. A.G. Magare, Advocate for respondents.
CORAM : T.V. NALAWADE, J. DATED : 15th December, 2014.
ORDER :
Cri.W.P. No. 529/14
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No. 18/2007. The revision was partly allowed and Sessions Court reduced the maintenance granted to the wife of the petitioner to make it Rs. 600/- per month. However, quantum of maintenance granted to two issues was not changed and thus. by the decision dated 1.10.2009, total maintenance of Rs. 2000/- was made payable in favour of wife and issues.
Cri.W.P. No. 529/14
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taken in to consideration in the proceeding in which enhancement is granted. Admittedly, this document, certificate was not given exhibit before J.M.F.C. The proceeding for enhancement was filed in the year 2009 and it was decided in the year 2012, but the oral evidence was given that present respondent No. 1 was working as Anganwadi Sevika. In view of these circumstances, the learned J.M.F.C. did not consider the contention and enhanced the maintenance on the basis of evidence given against the petitioner about his income. This Court has expressed to the learned counsel for petitioner that if respondent No. 1 is really getting Rs. 4500/- per month by working as Anganwadi Sevika, it is open for the petitioner to file proceeding under section 127 of Cr.P.C. for cancellation of maintenance granted in favour of respondent No. 1.
Cri.W.P. No. 529/14
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Bajara, Tur, Jawari were taken in the lands and in one land, there was facility of irrigation and cash crops like cotton, Bajara etc. were taken. No other person except the present respondents are depending on the petitioner.
[ T.V. NALAWADE, J. ]
ssc/
3 issues framed by the court
Whether the High Court should interfere with the order enhancing maintenance granted to wife and children under Section 125 Cr.P.C.
Whether the income and property position of the petitioner are sufficient to justify the enhanced maintenance amount.
Whether the needs of the wife and children justify the quantum of maintenance awarded.
2 provisions across 1 enactments
Pramod s/o. Sukhdeo Wadile
Archana w/o. Pramod Wadile
T.V. NALAWADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
