Anita Ravindra Dupare And Another v. Ravindra Devaji Dupare And Others

2025:BHC-AUG:11947 1 934.Cri.WP-538-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 538 OF 2025 ANITA RAVINDRA DUPARE AND ANOTHER

VERSUS

RAVINDRA DEVAJI DUPARE AND OTHERS ...

Advocate for Petitioners : Mr. Mayure Pramod C. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 24th APRIL 2025 PER COURT :

.

Heard learned Counsel for the Petitioners.

2.

The Petitioners who are original Applicants, are challenging judgment and order dated 06.07.2022 passed by Additional Sessions Judge, Dhule in Criminal Appeal No.50/2019, enhancing maintenance awarded to them vide order dated 31.07.2019. When their appeal was pending, application for enhancement was submitted on 16.12.2021 which was withdrawn on 25.11.2024. 3.

Learned Counsel for the Petitioners wants to lead evidence before the trial Magistrate for enhancement of the maintenance and desires to prefer application under Section 25(2) of the Domestic Violence Act.

4.

The prayer of learned Counsel is innocuous. Petitioners

2 934.Cri.WP-538-2025.doc have statutory remedy to approach the trial Magistrate for enhancement of the maintenance by placing on record evidence in support of the claim.

5.

The Criminal Writ Petition is disposed of with granting liberty to the Petitioners to approach the jurisdictional Magistrate for enhancement of the maintenance already granted vide order dated 31.07.2019. The Magistrate shall consider the application if so presented, on its own merits and in accordance with law. SHAILESH P. BRAHME JUDGE NAJEEB..