1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3913/2010 (Bhimabai w/o Pandurang Suryatal Vs. Pandurang s/o Kekshavrao Suryatal) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SP Katneshwarkar, Adv. for applicant; Mr.NR Jamdade, Adv. for sole respondent. *** CORAM : K.U.CHANDIWAL ,J. DATE : 19 th January, 2011. ... 1) Heard. 2) The applicant/wife initiated proceedings under Section 125 Cr.P.C., wherein, by order dated 10.8.2009, respondent/husband is directed to pay maintenance @ Rs.1500/-. By not depositing such maintenance amount, constrained the wife to move the court concerned for execution. The contention that an amount of Rs.9670/- is deducted, is illusory as there were arrears of Rs. 1,15,500/-, which made to have deductions from the salary of the respondent/husband. 3) Even if the respondent/husband submits that the wife is gainfully employed, which at page 29 is pointed by the counsel for the husband, however, this 2 can be taken into consideration in the pending proceedings under Section 127 Cr.P.C. However, the earlier proceedings dated 17.11.2009 having reached the finality, need not be stalled. Hence, the order under challenge dated13.8.2010 is set aside. 4) The Criminal Application is allowed as above. (K.U.CHANDIWAL) JUDGE bdv/