Fazalur Rehman S/O Habib-Ur-Rehman Shaikh v. Afifa Naaz @ Shamim W/O Fazalur Rehman Shaikh And Otehr

2025:BHC-AUG:35306 ( 1 ) 920 cra 74.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CRIMINAL REVISION APPLICATION NO. 74 OF 2021 WITH CRIMINAL REVISION APPLICATION NO. 14 OF 2021 WITH CRIMINAL APPLICATION NO. 1338 OF 2021 IN REVN/74/2021 FAZALUR REHMAN S/O HABIB-UR-REHMAN SHAIKH

VERSUS

AFIFA NAAZ @ SHAMIM W/O FAZALUR REHMAN SHAIKH AND OTEHR .....

Advocate for Applicant : Mr. Shaikh Mujtaba Gulam Mustafa Advocate for Non-Applicant : Mr. Fayaz Patel .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

12.12.2025 P.C.:- 1.

Heard the learned counsel for the respective parties at length. 2.

By the present revision the applicant wife challenges the judgment and order dated 06.07.2020 passed by the learned Family Court, Latur in Petition E-45/2017 to the extent of enhancement of maintenance amount. It is not in dispute that the present applicant no.1 is legally wedded wife of non-applicant and out of their matrimonial relations they are blessed with children applicant nos.2 to 4.

3.

Needless to say that the present applicants have filed Petition E47/2017 and prayed for maintenance on the ground that though they are entitled for maintenance but the non-applicant neglected to maintain them.

( 2 ) 920 cra 74.21 4.

On 06.07.2020, the learned Family Court passed the impugned order and directed the non-applicant/husband to pay Rs.3000/- towards maintenance to the applicant/wife and Rs.2000/- each in respect of applicant nos.2 to 4.

5.

During the course of arguments advocate Mr. Mujtaba the learned counsel appearing for the applicant/husband fairly agreed to pay monthly maintenance @ Rs.5000/- to the wife/applicant no.1 from 06.07.2020 i.e. from the date of passing of judgment and order by the Family Court, Latur. The said proposal is accepted on behalf of the applicant no.1/wife. 6.

In view of above, it will be just and proper to quash and set aside the impugned judgment and order dated 06.07.2020 to the extent of grant of maintenance of Rs.3000/- in favour of the applicant and said amount of maintenance is enhanced to Rs.5,000/- w.e.f. 06.07.2020 i.e. from the date of passing of the impugned order.

7.

In view of above, revision application nos.74/2021 and 14/2021 are disposed of.

[Y.G. KHOBRAGADE, J.] mubashir