Hetal Sharad Parmar v. Sharad Dhirajlal Parmar And ORS.

1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHALCHANDRA GANGADHAR AHIRE Date: 2023.07.04 12:27:09 +0530 BHALCHANDRA GANGADHAR AHIRE CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.445 OF 2022 Hetal Sharad Parmar ...Applicant

Versus

Sharad Dhirajlal Parmar & Ors.

...Respondents

------ Mr. Ali Kaashif Khan Deshmukh a/w Ms. Riya Jain, for the Applicant. Mr. Vikas G. Saindane, for the Respondent No.1. Mr. A. R. Patil, APP for the Respondent No.5/State. ------ CORAM : SARANG V. KOTWAL, J.

DATE : 3rd JULY, 2023.

P.C. :

1.

The Applicant has challenged the order dated 27th September, 2022 passed by the learned Additional Sessions Judge, Mumbai in Criminal Appeal Nos.60/2022 and 158/2022; and also the order dated 1st January, 2022 passed by the learned Metropolitan Magistrate, 27th Court, Mulund, Mumbai in C.C. No.53/DV/2020. 2.

Both the learned counsel for the contesting parties submit that these orders are pertaining to the interim maintenance granted to the Applicant. Both the parties agreed that it would be in the interest of both the parties that the learned Magistrate Court is directed to decide the main Application pending before him finally, within a

2/3 reasonable period and in that case, no prejudice would be caused to the parties keeping open all their contentions. 3.

The submission is reasonable. I am inclined to make the proceedings time-bound before the learned Magistrate Court by keeping all the questions open.

4.

In view of this, learned counsel for the Applicant does not press this Application. Hence, the following order :

ORDER

i.

The Metropolitan Magistrate, Mulund is directed to conclude and decide the proceedings before him pending vide C.C. No.53/DV/2020, within a period of six months from today.

ii.

It is clarified that the Applicant is permitted to raise the ground of enhanced maintenance.

iii.

All the contentions raised by both the parties are specifically left open to be decided by the learned Magistrate.

3/3 iv.

With these observations, the present Application is allowed to be withdrawn, without prejudice to the contentions of both the parties.

v.

The Criminal Revision Application is disposed of. (SARANG V. KOTWAL, J.)