CrPC Sec. 125(3) - Recovery of arrears of maintenance awarded to wife - husband's plea in executing court, that wife obtained the order of grant of maintenance by playing fraud on trial court -

✍CrPC Sec. 125(3) - Recovery of arrears of maintenance awarded to wife - husband's plea in executing court, that wife obtained the order of grant of maintenance by playing fraud on trial court - husband's application to allow to adduce evidence to establish the fraud - application allowed - challenged
✍ *held* - The order passed for permitting the party to lead evidence is in fact a redundant order which would serve no purpose. If at all the husband wants to get the order varied, he can file an application under S. 127 of the Criminal Procedure Code. However, in the proceedings of the applicant/wife under S. 125(3) there is no scope for permitting the husband to lead such evidence so as to get the original order granting the maintenance cancelled. In that view of the matter, this Criminal Application will have to be allowed as the order passed by the learned Magistrate amounts to an abuse of process of Court.
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*Bombay High Court*
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ـ▬▬▬▬▬ـ Posted By α∂√. jαїη0∂їη $hαїкh jαLgα0η
*_9326031732_* ـ▬▬▬▬▬ـ
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Smt. Asha Anil Deshmukh
Vs.
Anil Mahadeorao Deshmukh

*1996 CriLJ 2751,*
*1996 (2) MhLj 471*
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https://indiankanoon.org/doc/185177/#jainodin
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