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Bombay High CourtWP/1664/2021disposed off

Rajesh Narayan Pawar v. The State Of Maharashtra And ANR.

2021-12-04Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1664 OF 2021 Rajesh Narayan Pawar

...Petitioner

Vs The State of Maharashtra & Anr.

... Respondents ...

Mr. Subodh Desai i/by Mr. Sandeep Kadam and Hrishikesh Chavan for the Petitioner.

Mr. Y.M.Nakhawa, APP for the Respondent No.1-State. Mr. Prakash S. Jain for Respondent No.2.

CORAM : SANDEEP K. SHINDE J.

DATE : DECEMBER 04 , 2021.

P.C. :

Heard learned counsel for the parties.

In the domestic violence proceedings instituted by the respondent no.2-wife, the Additional Chief Metropolitan Magistrate, 4th Court, Girgaon, after hearing the parties, directed petitioner-husband to pay Rs.20,000/- Shivgan 1/3

per month towards maintenance from the date of filing of the application. That order was challenged in the appeal before the Additional Sessions Judge, Bombay. At the admission stage, husband was directed to deposit Rs.1 Lakh. After depositing Rs.1 Lakh, when the matter was heard by in-charge Court, the learned Judge directed husband to Rs.10,000/- per month as interim maintenance till the decision in the appeal. This order is challenged in this petition.

Heard Mr. Desai, the learned counsel for the petitioner and Mr. Jain, the learned counsel for the respondent no.2.

In my view, the impugned order cannot be faulted with either for wrong exercise of jurisdiction or for want of jurisdiction. In my view, the order directing the husband to deposit Rs.10,000/- maintenance till the Shivgan 2/3

decision in the appeal is reasonable in the back-drop of the fact that husband is gainfully employed in Dubai. Be that as it may, no interference is called for in the impugned order. However, the learned Appellate Court is requested to decide the appeal expeditiously and preferably within six months from today.

Writ Petition is disposed of.

(SANDEEP K. SHINDE,J.) Shivgan 3/3