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Bombay High CourtWP/320/2025dismissed

Mohan Nathrao Rakh v. Archana Mohan Rakh And Another

2025-03-13Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:7605 1 925.CR.WP-320-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CRIMINAL WRIT PETITION NO. 320 OF 2025 MOHAN NATHRAO RAKH

VERSUS

ARCHANA MOHAN RAKH AND ANOTHER .....

Advocate for the Petitioner : Mr.Murkute Janardhan Murlidharrao ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 13th MARCH 2025 PER COURT :

1.

This petition is preferred against order of interim maintenance passed by Judicial Magistrate First Class, Kandhar below Exhibit-3 in Criminal Miscellaneous Application No. 04 of 2022. By impugned order maintenance of Rs. 1000/- was awarded to respondent No.1 and Rs.2000/- to the respondent No.2. The submission of learned counsel for the petitioner is that respondent No.1 is not the wife and respondent No.2 is not the son. He has strongly disputed the relationship between the parties. It is further informed that the petitioner no.1 is already facing the proceedings under Section 498-A initiated by his legally wedded wife. The impugned order is perverse as there was no prima-facie material before the Court for awarding the maintenance.

2.

I have considered impugned judgment and order. The

2 925.CR.WP-320-2025.doc submission of learned counsel can not be accepted for the reason that the relationship between the parties can be gone into during further stages of the proceedings. The quantum is not exorbitant and is quite reasonable. I find no perversity or illegality in the impugned order. Writ Petition is dismissed.

[ SHAILESH P. BRAHME, J.] vsj..