Bombay High CourtWP/3993/2014others disposed off

Priti Anil Bora And ORS. v. Anil Rameshlal Bora And ORS.

2015-03-26Hon'Ble Shri Justice M.L. Tahaliyani2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3993 OF 2014 Priti Anil Bora and Ors.

... Petitioners

Versus

Anil Rameshlal Bora and Ors.

... Respondents Smt. Priti Anil Bora petitioner in person.

Mr. S.B. Deshmukh for respondent no. 1.

Smt. P.P. Bhosale, A.P.P. for State.

CORAM : M.L. TAHALIYANI, J.

DATED : MARCH 26, 2015 P.C.

Heard counsel for the petitioners and learned A.P.P. for State. 2.

The petitioners challenge the interim order passed by the Sessions Judge, in appeal whereby an interim maintenance granted to the petitioners is reduced by Rs.10,000/-. The total amount of maintenance granted by the Magistrate was Rs.40,000/- i.e. Rs.15,000/- each to the daughters (Petitioner nos. 2 and 3) and Rs.10,000/- to mother (Petitioner no. 1). Learned Sessions Judge has reduced the amount of maintenance of daughters from Rs.15,000/- to Rs.10,000/- and thereby directed respondent no.1 to pay Rs.30,000/- i.e. Rs.10,000/- each to all the petitioners per

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10-wp-3993.2014.sxw month. The petitioners feel aggrieved by the changes made by the Sessions Judge. In this regard, it may be mentioned that the complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (for short "the said Act") cannot be allowed to be dragged for such a long time at interim stage. It has to reach finality within a period of sixty days from the date of the first hearing. This court has also noted that most of the litigants in the proceedings under the said Act prolong the hearing at the interim stage for some or the other reason and as such main petition remains pending in the court of the Magistrate.

This frustrates the very purpose of section 12(5) of the said Act. 3.

For all these reasons, I am not inclined to interfere with the order of the Sessions Judge. However, I direct that the application pending before the Magistrate shall be decided within a period of sixty days from the date of receipt of this order. Petition accordingly stands disposed of. (JUDGE)