Goraksha Balasaheb Kurhade v. Baby Goraksha Kurhade And ANR

535.03crwp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 535 OF 2003 Shri. Goraksha s/o Balasaheb Kurhade, Age: 47 years, Occ: Service, R/o. Sanjay Nagar, Ward No. 2, Shrirampur, Dist. Ahmednagar.

...Petitioner

versus 1.

Smt. Babu Goraksha Kurhade, Age: 33 years, Occ: Labourer, 2.

Ku. Chhaya Goraksha Kurhade, Age: 12 years, Occ: Education, Both R/o. Jawale Kadlag, Taluka Sangamner, Dist.Ahmedangar.

...Respondents

.....

Mr. R.D. Bhalerao, Advocate for petitioner Mr. R.L. Kute, Advocate for respondents .....

CORAM : N.W. SAMBRE, J.

DATE : 11th APRIL, 2016 ORAL ORDER :

Learned Magistrate awarded monthly maintenance of Rs.300/- and Rs.200/- to the respondents respectively by an order dated 04/11/1997 in Criminal Misc. Application No. 506 of 1996, which was confirmed in Criminal Revision Application No.270 of 2000 on 13/05/2013 passed by the Additional Sessions Judge, Sangamner.

535.03crwp -22.

Heard Mr. Bhalerao, learned Counsel for the petitioner at length. According to him, the legal relationship between the petitioner and respondent is not established. 3.

In my opinion, both the Courts below once having awarded maintenance under Section 125 of the Code of Criminal Procedure, no fruitful purpose will be served by upsetting the order. As such, the petition fails and stands dismissed. [ N.W. SAMBRE, J. ] Tupe/11.04.16