Mahemood Nilankumar Tadvi v. The State Of Maharashtra And Another

1 54-wp 215-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 215 OF 2023 Mahemood Nilankumar Tadvi .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Mr. Sopan Kerba Hingole, Advocate for the Petitioner. Mr. Y. G. Gujarathi, APP for Respondent No. 1. Mr. M. G. Patil, Advocate for Respondent No. 2. CORAM : KISHORE C. SANT, J.

DATED : 26th APRIL, 2023.

P. C. :- .

Heard learned advocates for the parties.

2.

The limited grievance in this petition appears to be that, the petitioner-husband though has paid earlier maintenance amount which was deducted from his salary is not properly calculated and the letter is issued for attachment of 1/3rd salary till the realization of an amount of arrears of Rs. 3,11,000/- (Rs. Three Lakh Eleven Thousand only) towards maintenance.

3.

Learned advocate for the petitioner submits that, in fact, the figure arrived at by the learned Judge, Family Court, Jalgaon is not correct and is without taking into consideration the amount that is

2 54-wp 215-2023.odt already deducted from time to time from his salary. 4.

In view of the same, the parties are directed to approach the Family Court and to satisfy the Court about the calculations. The exercise be completed before 15.05.2023.

5.

It is made clear that, only till 15.05.2023 the letter dated 23.02.2022 that is Exh. K to the petition be kept in abeyance. In no case, the matter be kept pending after 15.05.2023. 6.

It is for the petitioner-husband to satisfy the Court about the exact calculation till 15.05.2023. If satisfied Court to correct the figure in the letter dated 23.02.2022.

7.

Parties to appear before the Family Court on 02.05.2023. 8.

With this, the criminal writ petition stands disposed off. ( KISHORE C. SANT, J. ) P.S.B.