Shivaji Pandurang Gotipamul And ORS v. Pramila @ Rajeshwari Shivaji Gotipamul And ANR

P.H. Jayani 20 WP4830.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4830 OF 2022 Shivaji Pandurang Gotipamul and ors.

... Petitioners v/s.

Pramila @ Rajeshwari Shivaji Gotipamul and ors.

.... Respondents Mr. Rahul B. Vijaymane for the Petitioners.

Mr. A.R. Pethe, APP for the State.

CORAM: R.G. AVACHAT, J.

DATED : 21st FEBRUARY, 2023.

P. C. :- .

The Petitioner is in Government service. He has been directed to pay Rs.5,000/- to his wife and child towards maintenance. The recovery of maintenance is being made by attachment of his salary. Since the Petitioner is drawing monthly salary of Rs.30,000/- per month, this Court is not inclined to even issue notice in this matter. It is informed that the wife has also filed divorce proceedings and application under section 12 of The Protection of Women from Domestic Violence Act, 2005. The Petitioner can very well bring to the notice of the learned Judge seized with the DV proceedings the order granting maintenance under section 125 of the Code of Criminal Procedure. The Court concerned on appreciation of evidence in the case, shall deal with the same in accordance with the law and pass 1/2

P.H. Jayani 20 WP4830.2022.doc appropriate order in such proceedings.

2.

Writ Petition stands disposed of in above terms. PREETI JAYANI (R.G. AVACHAT, J.) by PREETI H JAYANI Date: 2023.02.24 13:57:04 +0530 2/2