Kiran Sambhaji Gaikwad v. Rutuja Kiran Gaikwad Since Minor Through Gardian Nilavati Nana Gade And ANR

APL.39-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 39 OF 2017 Kiran Sambhaji Gaikwad ..Applicant Vs Ms. Rutuja Kiran Gaikwad & Anr.

..Respondents ----- Mr. Rushikesh Kale I/b V.V. Purwant for applicant. Mr. S.S. Hulke, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 7th September 2018 P.C.:

1] The application preferred by the applicant/father for closing the proceedings filed by the respondent No.1-daughter for recovery of maintenance has been dismissed with cost by the impugned Order dated 27.4.2016 passed by the learned Principal Judge, Family Court, Solapur. 2] The record indicates that, the applicant is in arrears of maintenance to be paid to the respondent No.1/daughter and therefore the proceedings filed by the respondent No.1 daughter for recovery of maintenance awarded under Section 125 of Cr. P.C cannot be closed. The Trial Court observed that, the applicant did not produce on record the 1/2

APL.39-2017.doc payment of maintenance to his daughter.

3] After perusing the record, this Court is of the considered view that, the Trial Court has not committed any error in rejecting the application by impugned Order 27.4.2016.

4] Application is accordingly rejected.

(A.S.GADKARI, J.) 2/2