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Bombay High CourtWP/376/2016dismissed

Shaikh Wasim S/O. Shaikh Asgar v. Farhana Begum W/O. Shaikh Wasim And ANR

2016-03-18Hon'Ble Shri Justice Nitin W. Sambre2 pages

Cri.W.P.376/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.376 OF 2016 Shaikh Wasim s/o Shaikh Asgar, Age 25 years, Occu. Tailoring, R/o Bharat Nagar, Near Bismillah Masjid, Aurangabad, Taluka and District Aurangabad ..Petitioner (Orig.Non-applicant)

Versus

1.

Farhana Begum w/o Shaikh Wasim, Age 20 years, Occu. Household R/o Care of Amjad Khan Subhan Khan, Galli No.4, Kiradpura, Aurangabad Taluka and Dist. Aurnagabad 2.

Joya d/o Shaikh Wasim, Age 2 years (Minor under the guardianship of natural mother ..Respondents (Original Applicants ) Mr S.A.G. Qureshi, Advocate for petitioner CORAM : N.W. SAMBRE, J.

DATE : 18th March 2016 PER COURT Heard.

2.

Learned Family Court in Petition No.E-238/2014 at the behest of the present respondent No.1 - wife and respondent No.2 - daughter granted maintenance of Rs.1,000/- + Rs.1,500/- total Rs.2,500/- by order dated 6th February 2016 w.e.f. 14th July 2014. 3.

There is another order passed by the learned Judicial Magistrate, First Class, Aurangabad on 8th June 2015 directing payment of Rs.1,50,000/- towards damages and Rs.2,000/- and

Cri.W.P.376/2016 Rs.1,500/- towards the maintenance in view of provisions of Protection of Women from Domestic Violence Act.

4.

It is the case of the petitioner that the petitioner is required to suffer both the orders and the amount that was ordered on 8th June 2015 under the Protection of Women from Domestic Violence Act is not taken care of and adjusted in the order dated 6th February 2016 passed under Section 125 of the Cr.P.C. by the Family Court, Aurangabad.

5.

In response to the Court query, learned Counsel for the petitioner informed that the petitioner has not complied with either of the order.

6.

In my opinion, no case for interference is made out, as no substance could be noticed.

7.

As such, petition stands dismissed. Liberty to the petitioner to avail remedy, if any available to the petitioner, seeking modification of the orders impugned.

( N.W. SAMBRE, J.) vvr