1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application No.353 of 2010 (Smt. Maya w/o Kaka Dupare v. Kaka s/o Pandurang Dupare) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri K.D. Deshpande, Advocate for Applicant. Shri S.V. Sirpurkar, Advocate for Respondent. Coram : R.M. Borde, J. Dated : 9 th August, 2010 The applicant-wife is raising exception to the order passed by the 10 th Judicial Magistrate First Class, Chandrapur, on 7-7-2008, below Exhibit 55, in Misc. Criminal Application No.49 of 2005. According to the applicant-wife, the amount recoverable towards arrears of maintenance is about Rs.1,04,000/-. The learned Magistrate has directed recovery of a sum of Rs.2,000/- per month towards payment of arrears from the salary receivable by the respondent-husband. The impugned order is passed by the learned Magistrate in the month of July, 2008 and according to the learned counsel for the respondent-husband, in all probabilities, during the last 26 months, an amount of Rs.54,000/- must have been recovered. Thus, there remains arrears recoverable to the extent of Rs.50,000/-. Considering the nature of the order passed by the learned Magistrate and considering the fact that the substantial sum has already been recovered in furtherance of the order passed by the learned Magistrate, no interference is called for in the present application. The applicant-wife, however, shall have liberty to approach the learned Magistrate with appropriate application 2 seeking recovery of the amount of maintenance including the arrears at an appropriate stage. If such an application is presented, the learned Magistrate shall consider the said application on its own merits and in accordance with the provisions of law. The observations made in this order shall not be an impediment for the learned Magistrate to consider the prayer, if made by the applicant-wife, including the prayer for attachment of the amount payable towards the provident fund or any other amount receivable by the respondent husband. The application is accordingly disposed of. Judge. pdl.