Nitin Bapu Gujar And ANR v. Lalita Bapu Gujar And ANR

SSA 13-WP.1041.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1041 OF 2022 Nitin Bapu Gujar & Anr.

... Petitioners V/s.

Lalita Bapu Gujar & Anr.

... Respondents ***** Dr. U.P. Warunjikar, for Petitioners.

Mr. Salil Ray, for Respondent No. 1.

Mr. A. R. Patil, APP for Respondent No. 2 (State) *****

CORAM

: AMIT BORKAR, J.

DATED : 07th December, 2022 P.C.:

1.

The order impugned by the petitioners directed son and daughter-in-law to pay enhanced amount at Rs.10,000/- towards interim maintenance of respondent no.1-mother. 2.

Learned Sessions Court in the impugned order recorded a finding that undisputedly the monthly income of the petitioner is Rs.1,20,000/-. It has also considered that the amount of Rs.10,175/- as a pension received by the respondent no.1 is in sufficient. Having considered both the factors, learned Sessions Judge directed the petitioners to pay Rs.10,000/- as monthly maintenance to the respondent no.1-mother which includes medical expenses.

SSA 13-WP.1041.2022.doc 3.

Having considered income of the petitioners, in my opinion, there is no perversity in directing the petitioners to pay an amount of Rs.10,000/- towards interim maintenance, which includes medical expenses.

4.

Application has been filed by respondent no.1 before the learned Trial Court in the year 2017.

5.

In that view of the matter, the learned Judicial Magistrate, First Class, Court No. 9, Pune shall commence the trial and shall endeavour to decide the same within six (6) months from today.

6.

The Writ Petition, therefore, stands disposed of. No Costs.

(AMIT BORKAR, J.)