Sarla W/O Ramjan Tadvi v. Ramjan S/O Raheman Tadvi

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 12 OF 2015 Sarla w/o Ramjan Tadvi, Age: 46 years, Occ: Nil, R/o. Krishnapuram Society, Gut No. 77 Plot No. 4/A, Near Gujral Petrol Pump, Jalgaon, Dist. Jalgaon.

...Petitioner

versus Ramjan s/o. Raheman Tadvi, Age: 48 years, Occ: Service, R/o. Wadri, Tq. Yawal, Dist. Jalgaon.

...Respondent

.....

Mr. B.R. Kedar, Advocate for petitioner Mr. S.S. Patil, Advocate for respondent .....

CORAM : N.W. SAMBRE, J.

DATE : 26th APRIL, 2016 ORAL ORDER :

Having heard the learned Counsel for the petitioner, the following order, in my opinion, will meet the ends of justice. 2.

In view of the evidence of Rajendra Narayan Gunnale, witness No. 2 examined by the petitioner-wife, who happened to be employee of the bank, where the respondent-husband is working as a Cashier i.e. nationalized bank, the reasons cited by the Additional Sessions Judge for reducing the maintenance from Rs.3000/- per month to Rs.2000/- per month for non production of evidence are not

12.15crwp -2sustainable.

3.

In view of above, the order of learned Additional Sessions Judge, Jalgaon passed on 19/09/2014 is hereby set aside and the order of Learned Judicial Magistrate, First Class, Jalgaon passed on 29/05/2012 in Criminal M.A. No. 132 of 2009 stands restored.

4.

The criminal writ petition stands allowed in above terms. [ N.W. SAMBRE, J. ] Tupe/26.04.16