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Bombay High CourtAPPR/147/2018

Rohini Veepane Macker And ANR v. Veepane Surendranath Macker And ANR

2018-12-17Hon'Ble Shri Justice M.S. Sonak2 pages

33-appr-147-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION NO.147 OF 2018 IN CRIMINAL REVISION APPLICATION NO.77 OF 2018 Rohini Veepane Macker .. Petitioner Vs Veepane Macker and Anr.

.. Respondents Ms.Pooja Jalan for the Applicant/Petitioner.

Shri P.R. Kadam for Respondent No.1.

Shri. P.H. Gaikwad, APP for State.

CORAM : M.S. SONAK, J.

DATE : 17 DECEMBER 2018.

P.C.:- .

Heard learned Counsel for the parties.

2.

Mr. P.R. Kadam waives service on behalf of respondent No.1.

3.

By way of interim relief, respondent No.1 is directed to pay the applicant maintenance of Rs. 50,000/- per month commencing from 01.12.2018 until further orders.

4.

In making the aforesaid interim order, I have taken into consideration the circumstance that there were orders for payment of interim maintenance at the rate of Rs.50,000/- per month in favour of the applicant. The direction, by the impugned order the maintenance of Rs.50,000/- to be paid to son Jaiveer Macker is no longer required to be Shubham

33-appr-147-2018.doc paid by respondent since Jaiveer Macker has already attained majority. Learned Counsel for the applicant points out that Jaiveer has in fact withdrawn the Criminal Revision Application against the impugned order.

5.

The reasoning in the impugned order that the applicant is being maintained by her brother or her family members, is prima facie vulnerable. The respondent, atleast at present is earning Rs.3,00,000/- per month.

6.

In these circumstances, by way of interim relief, the Respondent is directed to pay by way of maintenance of Rs.50,000/- per month on or before 10th day of each succeeding month to the applicant.

7.

Hearing of the Criminal Revision Application is expedited. Criminal Misc. Application No. 147 of 2018 for interim relief is disposed of in the aforesaid terms.

(M.S. SONAK, J.) Shubham