Bharat Mahadu Bangad v. Kamal Laxman Budhar And ORS

(21) WP-4544-13.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2020.01.31 15:45:16 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4544 OF 2013 Bharat Mahadu Bangad ..... Petitioner.

V/s Smt. Kamal Laxman Budhar and Others ..... Respondents.

Mr. Chintan Shah i/b Mr. Sandesh D. Patil for the Petitioner. Mr. S.S. Hulke, APP for the State.

CORAM: NITIN W. SAMBRE, J.

DATE: JANUARY 29, 2020 P.C.:- 1] Maintenance of Rs 500/- each came to be awarded in favour of Respondents in proceedings bearing Criminal M.A. No.39 of 2011 by the learned Judicial Magistrate, First Class, Jawhar, District Thane, which was confirmed in revision under Section 397 of Cr.P.C. by the Sessions Court.

2] Contention is, Petitioner is not a biological father of the children. 3] In my opinion, this Court need not go into merits of the matter as order awarding maintenance is governing relationship between the parties since last more than 8 years.

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(21) WP-4544-13.doc 4] Apart from above, age of the children is shown to be nine years on the date of filing of the application i.e. in 2011 and as such, by this time, they must have attained majority.

5] By keeping Petitioner'

s right intact to move for modification of the order under the provisions of Section 127 of Criminal Procedure Code, no interference is called for in the order impugned. Petition as such fails and same stands dismissed with the above observation. ( NITIN W. SAMBRE, J. ) 2/2