Prakash Babulal Dangi v. Rekha Prakash Dangi And ORS

Rane * 1/2 * REVN-151-2016 Monday, 25.7.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 151 OF 2016 Prakash Babulal Dangi .....Applicant (Orig. Respondent) V/s.

Rekha Prakash Dangi and anr.

....Respondents (Orig. Petitioner) * * * * * Mrs. Ratna R. Jaiswal, Advocate for the applicant. Mr. Ranjit Singh, Advocate for respondent no.1. CORAM :- SMT. R.P. SONDURBALDOTA, J.

DATED :- 25TH JULY, 2016.

P.C. :- 1) On 4th July, 2016 the applicant was directed to deposit sum of Rs.75,000/- in the Family Court, which according to respondent no.1, wife were the arrears as on that date. The applicant has not deposited that amount. Mrs. Jaiswal, the learned Advocate appearing for the applicant, vehemently disputes the contention of non-payment . She tenders five receipts issued by respondent no.1, wife for a total sum of Rs.60,000/- paid to her during the period 4th March, 2016 to 18th July, 2016. Bare perusal of the receipts is

Rane * 2/2 * REVN-151-2016 Monday, 25.7.2016 sufficient to note that the same are in respect of the payment pursuant to the order dated 26th July, 2012 passed in C.C. No. 9/DV/2012 pending in the 21st Court, Metropolitan Magistrate, Bandra, Mumbai. The order impugned in the present petition is passed by the Family Court in Petition No. E-253 of 2010 on 20th January, 2016. Since the petitioner has not only not complied with the order of the Family Court but also failed to comply with the order passed by this Court on 4th July, 2016, he cannot be heard in the matter. The petition is therefore dismissed. (SMT. R.P. SONDURBALDOTA, J)