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Bombay High CourtREVN/164/2022disposed off

Anita W/O Basvaraj Sontakke-Patil v. Basvaraj Ramlingappa Sontakke-Patil And Another

2023-02-24Hon'Ble Shri Justice S. G. Mehare2 pages

958-Cri.Rev.Appln.164-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 958 CRIMINAL REVISION APPLICATION NO.164 OF 2022 ANITA W/O BASVARAJ SONTAKKE-PATIL

VERSUS

BASVARAJ RAMLINGAPPA SONTAKKE-PATIL AND ANOTHER ...

Advocate for Applicant : Mr. Gaikwad Satish A. Advocate for Respondent No.1 : Mr. Karpe Rahul R. ...

CORAM : S. G. MEHARE, J.

DATE : 24.02.2023 PER COURT :- 1.

Heard the respective learned counsels without touching to the merits of the case.

2.

The order impugned before the Court needs clarification. The interim maintenance application was decided. However, the learned Additional Sessions Judge directed the Trial Court to decide the case on merit. The grievance of the applicant was that the interim maintenance ought to have been decided. Hence, the following order :

O R D E R

(i) The order passed by the learned Additional Sessions Judge-3, Aurangabad in PWDVA Appeal

958-Cri.Rev.Appln.164-22.odt No.7 of 2022, dated 28.02.2022 is set aside and modified as follows :

"The learned Magistrate is directed to decide the interim maintenance application within a week from the date of the appearance of the parties."

(ii) Parties to appear before the learned Judicial Magistrate First Class on 28.02.2023.

(iii) In view of the above, criminal revision application stands disposed of.

(S. G. MEHARE, J.) ...

vmk/-