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Bombay High CourtWP/475/2003dismissed

M Salim A Razzak Chawalwale v. Farhatjahan Begum M Salim

2016-04-22Hon'Ble Shri Justice Nitin W. Sambre2 pages

criwp475.03 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.475 OF 2003 M. Salim s/o A. Razzak Chawalwale ..PETITIONER

VERSUS

Farhatjahan Begum w/o M. Salim ..RESPONDENT Mr A.M. Gaikwad, Advocate for petitioner;

Ms Swati S.Langote, Advocate holding for Mrs A.N. Ansari, Advocate for respondent CORAM : N.W. SAMBRE, J.

DATE : 22nd April, 2016 ORAL ORDER :

The order of payment of maintenance under section 125 of the Code of Criminal Procedure, passed by Judicial Magistrate First Class, Kalamnuri, in Criminal Misc. Application No.91 of 1999 was modified in Revision No.5 of 2001 by Additional Sessions Judge, Hingoli, vide order dated 8th October, 2003, by awarding maintenance of Rs.500/-, instead of Rs.3,000/- under iddat period and Rs.5,051/- towards maher. 2.

The order of payment of maintenance is holding the field since last thirteen years. Having regard to the meager quantum of maintenance ordered, i.e. Rs.500/- per month and expenses required for a reasonable living as on today, in my opinion, it will be appropriate not to interfere in extraordinary jurisdiction.

criwp475.03 (2) 3.

In the result, Criminal Writ Petition fails and stands dismissed. Rule stands discharged.

(N.W. SAMBRE, J.) amj