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Bombay High CourtWP/331/2022dismissed

Kalyanrao Panditrao Shelke v. Meena W/O Kalyanrao Shelke

2022-04-01Hon'Ble Shri Justice R. G. Avachat2 pages

WP-331-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 331 OF 2022 Kalyanrao Panditrao Shelke ..PETITIONER

VERSUS

Meena Kalyanrao Shelke ..RESPONDENT ....

Mr. K.H. Surve, Advocate for petitioner ....

CORAM : R.G. AVACHAT, J.

DATED : 01st APRIL, 2022 PER COURT :

1.

Heard.

2.

The respondent is the wife (divorced) of the petitioner. The challenge herein is to the judgment and order dated 06th March, 2019 passed by the learned Judicial Magistrate First Class, Aurangabad directing the petitioner to pay the respondent - wife a sum of Rs.10,000/- per month towards her maintenance plus Rs.5,000/- per month towards provision for residence plus a sum of Rs.50,000/- as compensation. The petitioner preferred the appeal against the said order. The appeal has been dismissed by the learned Additional Sessions Judge, Aurangabad vide judgment and order dated 10th February, 2020. The present petition has been filed exactly two years thereafter i.e. on 28th February, 2022. 1 / 2

WP-331-22.odt 3.

The petitioner is a Police Sub-Inspector, drawing monthly salary more than Rs.60,000/-. After having gone through the orders impugned herein, this Court finds it to be no case even to issue notice of this proceeding. Needless to mention, a divorced wife is also entitled to prefer an application under the Protection of Women from Domestic Violence Act, 2005 claiming monetary relief.

4.

Since no case is made out for issuance of notice, present criminal writ petition stands dismissed.

( R.G. AVACHAT, J. ) SSD 2 / 2