Ganesh Navnathrao Wasare v. Rajani Ganesh Wasare And Others

2025:BHC-AUG:33846 ( 1 ) 902 cri wp 855.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CRIMINAL WRIT PETITION NO. 855 OF 2019 GANESH NAVNATHRAO WASARE

VERSUS

RAJANI GANESH WASARE AND OTHERS .....

Advocate for the Petitioner : Mr. Barde Parag Vijay .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

05.12.2025 P.C.:- 1.

Heard advocate Mr. Barde the learned counsel appearing for the Petitioner at length.

2.

By the present petition, the Petitioner is seeking quashment of the order dated 25.02.2019 passed by the learned JMFC, Udgir below Exh.-9A and 10 in PWDVA (Ex.) 5/2018, whereby the learned trial Court directed the Principal / Headmaster / D.D.O. of Post Basic Higher Secondary School, Shilwani Tanda (Border) Tq. Deglur, Dist. Nanded to deduct an amount of Rs.23,000/- per month from the salary of present Petitioner and to deposit the same in the Court till recovery of arrears of interim award of Rs.3,42,000/-. Needless to say that on 01.03.2018 the learned JMFC, Udgir passed an order in Misc. Criminal Application No.293/2013 after holding the trial and directed

( 2 ) 902 cri wp 855.19 the present Petitioner to pay Rs.8,000/- to the Respondent No.1 and Rs.4,000/- to the Respondent No.2 per month from the date of passing of the order. However, the present Petitioner, husband of Respondent No.1 and father of Respondent No.2 did not pay the said amount of maintenance. Ultimately, the Respondent Nos.1 and 2 filed a proceeding bearing PWDVA Execution No. 5/2018 and considering the monthly income of the present Petitioner an amount of Rs.23,000/- per month was directed to be recovered from the salary of the present Petitioner and the same to be deposited in the Court. The impugned order is passed on 25.02.2019 and till date no stay has been granted by this Court, under these circumstances, the recovery of arrears of interim award might have been satisfied.

3.

In view of the above, nothing remains in the present petition and hence it is dismissed.

[Y.G. KHOBRAGADE, J.] mubashir