Varsha Dattatraya Nevase And ANR. v. Dattatraya Govindrao Nevase And ANR.

ssk 1/2 REVN 183/2015-26/7/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 183 OF 2015 Sou. Varsha Dattatraya Nevase & ors.

... Petitioners vs.

Shri. Dattatraya Govindrao Nevase & ors.

... Respondents Mr. Rajesh More i/by Aparna More, Advocate for the petitioners. Mr. Uday B. Nighot, Advocate for respondent no.1. Coram : Smt. R. P. SondurBaldota, J.

Date : 26th July, 2016 P.C. :

1.

The petitioner wife by this petition challenges the order dated 8th May, 2014 by which the District Court, Pune partly allowed the criminal revision application filed by the respondent husband against the order of the Judicial Magistrate First Class under Section 127 Criminal Procedure Code enhancing monthly maintenance from Rs.600/- to Rs.2,500/- for petitioner no.1 and from Rs.200/- to Rs.2,500/- for petitioner no.2.

2.

Admittedly three more persons are dependent upon the respondent, who are his aged mother and two children from the first wife who is no-more. The respondent had married petitioner no.1 after death of the first wife. Sessions Court has

ssk 2/2 REVN 183/2015-26/7/16 accepted the income of the petitioner at approximately Rs.27,505/- by taking into consideration the salary certificate produced by him. It also took note of the fact of three more dependents upon the respondent and reduced the enhancement of the maintenance to Rs.1,500/- for each petitioner. Considering the facts and circumstances of the case, there is no infirmity in the impugned order. Hence, the petition is dismissed.

[Smt. R. P. SondurBaldota, J.]