1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2537/2011 [Sunil Trimbak Gawai .vrs. Sau. Kesar Sunil Gawai and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JULY 28, 2011. This Court has already issued notice and granted interim relief. Advocate Shri Shrikant Saoji for the petitioner/husband states that by impugned order dated 18.4.2011, respondent no.2 – Chief Executive Officer, has directed deductions from monthly salary of the petitioner and its payment to respondent no.1- wife. According to him, respondent no.2 has no such jurisdiction or powers. He further points out that proceeding under Section 125 of the Code of Criminal Procedure filed by respondent no.1 – wife is pending before the Court of JMFC at Mehakar. Advocate Shri S.S. Wankhede (Mehakar) appearing for respondent no.1-wife, states that proceeding before the Court of JMFC, Mehakar may be expedited. Nobody appears for respondent nos.2 and 2 3. The records show that respondent no.1– wife along with her two children approached respondent no.2–Chief Executive Officer and explained her hardship to him. On the application moved by respondent no.1, respondent no.2 directed to deduct an amount of Rs.8,000/- per month from salary of the petitioner and to make its payment to respondent no.1-wife. It is apparent that such direction could not have been issued by respondent no.2. The said direction is, therefore, set aside. However, the proceedings u/s 125 of Cr.P.C. filed by respondent no.1 before JMFC, Mehakar vide Misc. Criminal Case No.3/2011 are hereby expedited and said court shall attempt to dispose of the same at the earliest and in any case by 31st December, 2011. Liberty to respondent no.1 to move application for grant of interim maintenance in pending proceeding u/s 125 Cr.P.C. Such application shall be decided within a period of one month after it is so filed. With this direction, the petition is partly allowed. No costs. JUDGE JUDGE Gulande