Balasaheb Shankar Pagare v. Trishala Balasaheb Pagare And ORS

rsk 1/1 57-WP-2455-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2455 OF 2015 Balasaheb Shankar Pagare

...Petitioner

vs.

Trishala Balasaheb Pagare and Ors.

...Respondents

---- Mr. Swapnil V. Walve for the Petitioner.

Smt. Aruna S. Pai, APP for the Respondent/State. ---- CORAM : B. P. DHARMADHIKARI & SMT. S. S. JADHAV, JJ.

DATE : 11/11/2019.

P.C.:

. Respondent wife has filed Recovery Application No.ER-99/2015 under section 127 of Cr.P.C. and in it pointed out that order granting maintenance to her passed on 10/4/2006 operated till 14/3/2008 when it was set aside. She is therefore seeking recovery of maintainence amount for that period.

2.

Learned counsel for the petitioner has submitted that in view of settlement between the parties demand is unsustainable. 3.

The matter has remained pending before this Court without any order till date. Learned counsel is not in position to point out to Court any order is passed by the Court of JMFC, Nashik. Moreover, settlement if any, has not been produced as annexure in the present matter in the High Court.

4.

In this situation, with liberty to the petitioner to take such other steps as are open in law, we dispose of the present challenge. (SMT. S.S. JADHAV, J.) (B. P. DHARMADHIKARI, J.)