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Bombay High CourtWP/2972/2018disposed off

Anup Manjeet Bhatia And ORS. v. Rashmit Anup Bhatia And ORS.

2023-07-12Hon'Ble Shri Justice Sarang Vijaykumar Kotwal2 pages

28-wp-2972-18 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2972 OF 2018 Anup Manjeet Bhatia & Ors.

..Petitioners

Versus

Mrs. Rashmit Anup Bhatia & Ors.

..Respondents WITH INTERIM APPLICATION NO. 65 OF 2023 IN CRIMINAL WRIT PETITION NO. 2972 OF 2018 __________ Mr. Unmesh Dindore a/w. Amarjit Prasad i/b. Vrushali Maindad a/ w. Ankita Nishad a/w. Shrushti Tupe for Petitioners. Mr. Mahesh Vishwakarma a/w. Sajid I. Patel i/b. Abhideep Khaladkar a/w. Chandrakant Nanekar for Respondents. Mr. Arfan Sait, APP for State/Respondent.

__________ CORAM : SARANG V. KOTWAL, J.

DATE : 12 JULY 2023 PC :

1.

After arguing for some time, learned counsel for the Petitioners submitted that the impugned orders in this petition are in respect of the interim orders of maintenance granted by learned Magistrate in the original proceedings under the Protection of Women from Domestic Violence Act, confirmed by the Appellate Court i.e. the Court of Sessions, Pune. He submitted that, learned Magistrate can be directed to conclude the original proceedings Digitally signed by VINOD BHASKAR GOKHALE Date:

2023.07.17 12:18:29 +0530 VINOD BHASKAR GOKHALE

28-wp-2972-18 before him within a period of four months and in that case, he is not pressing the present writ petition. He further submitted that the question of arrears and all other contentions raised by him may be kept open. The request is reasonable.

2.

Hence, the following order:

O R D E R

i)Learned Judicial Magistrate, First Class, (M.V.) Court, Pune is directed to decide the Criminal M.A.No.2109 of 2017 pending before him within a period of four months from today.

ii)He shall also take into account the question of arrears and the payment made by the husband, so far.

iii) All the contentions of both the parties are specifically left open.

iv)With these directions, since the learned counsel for the Petitioner is not pressing this petition, the petition along with the interim application are disposed of as not pressed.

(SARANG V. KOTWAL, J.)