Abdul Khaleel S/O Abdul Jalil vs Smt. Sakeenabi W/O Abdul Khaleel ...
2017 Latest Caselaw 3539 Bom

Judgment

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                                       1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
           NAGPUR BENCH, NAGPUR

 CRIMINAL REVISION APPLICATION (REVN) NO.82 of 2014

Abdul Khaleel s/o Abdul Jalil
Age 42 years, Occupation Motor Driver
R/o Bharat Nagar, Shiloda, Taluka
& District Akola, at Present C/o
Nisar Seth Skin Merchant,
Haji Nagar, Akot File, Akola.                     ..... Applicant.

                                ::   VERSUS   ::

1. Smt. Sakeenabi w/o Abdul Khaleel
Age 39 years, Occupation Household Work

2. Ku. Fauziya Parveen Abdul Khaleel
Age 17 years, Occupation Nil.

3. Mohammad Sohail Abdul Khaleel
Age 14 years, Occupation Student.

4. Mohammad Nabeel Abdul Khaleel
Age 6 years, Occupation Student.

Non-applicant Nos.2 to 4 are minors
through natural guardian mother
non-applicant No.1 All resident of
Bharat Nagar, Akot File, Akola.

5. State of Maharashtra, through


                                                                         .....2/-




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 Judgment

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Government Pleader, Nagpur.   ..... Non-applicants.

==============================================================
           Shri M. Badar, Counsel for the applicant.
           Shri U.J. Deshpande, Counsel for non-applicant Nos.1 to 4.
==============================================================


                                CORAM : V.M. DESHPANDE, J.

                                DATE     : JUNE 22, 2017.

ORAL JUDGMENT

1.                 Rule.     Rule  is  made  returnable  forthwith.  Heard

finally by consent of learned counsel for the parties.

2. This Court by order dated 2.7.2014 has

directed the present applicant to pay maintenance of

Rs.1,500/- in aggravate to non-applicant Nos.1 to 4 and

also to pay amount of Rs.5,000/-. However, till today, the

said amount is not paid to non-applicant Nos.1 to 4, is

the submission made by learned counsel for non-

applicant Nos.1 to 3.

Learned counsel Shri M. Badar for the

.....3/-

Judgment

revn82.14 52

applicant fairly states that though the applicant has

paid Rs.5,000/-, the applicant has failed to follow the

order and direction given by this Court in respect of

making monthly payment of Rs.1,500/- to non-applicant

Nos.1 to 4.

3. The petition was filed by present non-

applicant Nos.1 to 4 under Section 125 of the Code of

Criminal Procedure for grant of maintenance.

Admittedly, present applicant is husband of non-

applicant No.1 and father of non-applicant Nos.2 to 4. By

filing petition for maintenance under Section 125 of the

Code of Criminal Procedure, it was pointed out by non-

applicant Nos.1 to 4 that the present applicant is a

motor driver and is getting Rs.10,000/- per month and,

therefore, the maintenance amount was claimed. The

application was contested. After recording the evidence

.....4/-

Judgment

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of the parties, learned Judge of the Family Court

recorded a finding of fact that the present applicant is

having sufficient means. In spite of that, he has

neglected and refused to maintain his wife, son, and

daughter.

4. Learned Judge of the Court below, thereafter,

after appreciated income of the present applicant,

directed that the present applicant to pay Rs.1,500/- per

month to wife and Rs.1,000/- per month to each of his

son and daughter.

5. After perusing the impugned order, I see no

reason to interfere with the said order. Further, the

application is also required to be dismissed for non-

compliance of order passed by this Court.

Hence, the criminal revision application is

.....5/-

Judgment

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dismissed. Rule is discharged.

JUDGE

!! BRW !!

...../-