IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO.5245 OF 2004. WRIT PETITION NO.5245 OF 2004. WRIT PETITION NO.5245 OF 2004. Shri Sonaba Tukaram Ransing. ..Petitioner. versus 1. The State of Maharashtra. 2. Smt. Chhabubai Sonaba Ransing. 3. Miss. Alka Sonaba Ransing. ..Respondents. .... Mr. S.P.Kadam, for the Petitioner. Mr. Sunil Kadam, for the Respnodent Nos. 2 & 3. Mr. D.P.Adsule, for the Respondent-State. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 30TH JULY,2008. : 30TH JULY,2008. : 30TH JULY,2008. P.C. 1. Heard the learned Counsel appearing for the Petitioner and the learned Counsel appearing for the Respondent Nos.2 and 3. By a separate Judgment delivered today, in Criminal Writ Petition No.1145/2001, this Court has confirmed the order of maintenance passed against the Petitioner under section 125 of the Code of Criminal Procedure, 1973. While confirming the order, this Court has held that that the amount of maintenance payable by the Petitioner under section 125 of the said Code of 1973 will be inclusive of the maintenance payable under the order impugned in this Petition. - 2 - 2. In view of the said order, now the order dated 27th November 2001 striking out the defence of the Petitioner will have to be set aside. Order accordingly. The Writ Petition is accordingly allowed. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]