Manoj Nanji Rathod v. Ila Manooj Rathod And ORS
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.283 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Dinesh J. Haldankar for the applicant Mr.H.R.Sharma for the respondent no.1 Mr.P.H.GaikwadPatil, A.P.P. for the State CORAM : K. K. TATED, J.
DATE : AUGUST 24, 2016 P.C.:
Heard the learned counsel for the parties.
Advocate Mr.H.R.Sharma submits that he received instruction to appear on behalf of respondent. He undertakes to file his Vakalatnama within one week from today.
By this Revision Application, applicant husband is challenging the order dated 26.3.2015 passed by 7th JMFC, Thane below Exhibit5 in Misc.Application No.278 of 2013 holding that the respondent no.1 wife is entitled Rs.4,000/ and respondent no.2 son is entitled Rs.3000 per month by way of maintenance till the final decision of the main application.
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The learned counsel for the applicant submits that the respondent is avoiding to attend the court regularly. Hence, there is a delay in deciding the main matter. He submits that in the interest of Justice, this Hon'ble Court be pleased to expedite the hearing of Misc.Application No.278 of 2013. He further submits that applicant is depositing maintenance amount in the Trial Court regularly. He submits that applicant makes a statement that he will continue the same till the hearing and final disposal of Misc.Application No.278 of 2013 and Criminal Application No.434 of 2016 The learned counsel for the respondent submits that they already filed application before the Magistrate for withdrawal of the said amount and that application is pending for hearing. He submits that this Hon'ble Court be pleased to direct Trial Court to decide the said application as early as possible.
Considering the above mentioned facts and by consent of both the parties, following order is passed:
a) Hearing of Misc.Application pending on the file of 7th JMFC, Thane below Exhibit5 in Misc.Application No.278 of 2013 is expedited. b) This court expects that 7th JMFC, Thane to decide the Misc.Application No.278 of 2013 as 2/3
early as possible but in any case on or before 26.2.2017.
c) Criminal Application No.434 of 2016 filed by respondent wife for withdrawal of the amount be decided by Trial Court within four weeks from the receipt of this order.
d) Criminal Revision Application stands disposed of accordingly.
e) Parties to act on authenticated copy of this order.
JUDGE 3/3