1 Criminal Appl.No.222 of 2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.222 OF 2011 Ganpat S/o.Shripat Rohakale, Age-53 years, Occu-Service, R/o.Shahar Takali, Tq.Shevgaon, Dist. Ahmednagar APPLICANT VERSUS Ranjana W/o.Ganpat Rohakale, Age-45 years, Occu-Household, C/o.Bhagaji Hari Thube, R/o.Kahanur Pathar, Tq.Parner, Dist. Ahmednagar RESPONDENT Mr.S.L.Bhapkar, learned counsel for the applicant. Mr.S.K.Chavan, learned counsel for the respondent. (CORAM : A.V.POTDAR, J.) DATE : 10/10/2011 ORAL ORDER : 1. This criminal application u/s. 482 r/w. 125(3) of The Cr.P.C. is preferred by the applicant/husband before this Court, questioning the correctness of the order dated 14/12/2010 passed below Exh.12 by the learned J.M.F.C. Parner in Criminal M.A. No.138/2009. 2. Heard respective counsels for the parties. 2 Criminal Appl.No.222 of 2011 3. It appears that the respondent/wife herein had filed Cri.M.A.No.138/2009 before the learned J.M.F.C. Parner for recovery of maintenance amount to the tune of Rs.41,200/-. In the said application, interim application was given at Exh.12 to deduct 1/4th of the salary of the applicant from his pay. It appears that the learned Trial Magistrate, by his order dated 14/12/2010, directed the Head Master, Shriram Vidyalaya Dhorjalgaon, Tal.Shevgaon, Dist. Ahmednagar to deduct Rs.4,000/- per month from the salary of the applicant and also directed to deposit that amount in the J.M.F.C. Court at Parner. Correctness of that order is questioned in this criminal application. 4. It appears that on 13/03/2011, this Court had passed the order of interim relief with stay to the execution of the order on depositing 50% of the due amount before the Lower Court. It is informed that the directions of this Court are not complied with. As the directions were not complied with, there was regular deduction of Rs.4,000/- from the salary of the applicant. Admittedly, the application was moved on 23/12/2009. If the deduction @ Rs. 4,000/- is to be calculated, the amount to be recovered, might have recovered within the period of 10 months. Considering this aspect, the application to be disposed of with the directions to calculate the amount deposited by the Head Master, Shriram Vidyalaya, before the learned J.M.F.C. Parner and if the amount of due recovery is satisfied from that payment, then the application to be disposed of 3 Criminal Appl.No.222 of 2011 accordingly. If not, the learned Trial Court to take necessary action on application of the respondent for recovery of the balance amount due in Criminal Misc. Appl.No.138/2009. With these directions, application is disposed of finally. (A.V.POTDAR, J.) khs/OCT.2011/cri.appl.222-11