Mr Munnawar Palanawala v. Mrs Alkama Palanawala

23-REVN-191-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 191 OF 2023 Munnawar Palanawala ...

Applicant

Versus

Alkama Palanawala ...

Respondent .........

Mr. Arif Siddiqui alongwith Mr. Sirg Ansari, Mr. N. Khan and Mr. Yasin Nabi for the Applicant.

Mr. N.B. Patil, APP for the State.

Mr. J.A. Udaipuri for Respondent No.1.

.........

CORAM : N.R. BORKAR, J.

DATED : 19 AUGUST 2023 P.C. :- 1.

The applicant herein has filed the appeal before the Sessions Court against the order of the learned Magistrate directing him to pay interim maintenance to the respondent at the rate of Rs.25,000/-. 2.

By the order impugned, the learned Sessions Court while staying the distress warrant issued pursuant to the order passed by the learned Magistrate directed the present applicant to pay interim maintenance to the respondent at the rate of Rs.12,500/- per month. 3.

The learned Counsel for the applicant on instructions submits that instead of Rs.12,500/-, the applicant is ready and willing to pay interim maintenance at the rate of Rs.10,000/- per month. Kanchan P Dhuri 1 / 2

23-REVN-191-2023.odt 4.

Considering the facts and circumstances of the case, I am inclined to modify the impugned order to that extent. Ordered accordingly.

(i) The applicant shall deposit the amount towards arrears of interim maintenance in the bank account of the contesting respondent, within four weeks from today and shall continue to deposit the interim maintenance at the above rate till disposal of appeal. (ii) The Sessions Court shall decide the appeal on its own merits without being influenced by this order.

(iii) Interim stay granted by the Sessions Court shall remain in force till disposal of appeal.

5.

The Criminal Revision Application is disposed of. ( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2