Rahul S/O. Naval Mali v. Neeta W/O. Rahul Mali And ANR

-1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 905 CRIMINAL REVISION APPLICATION NO. 166 OF 2019 RAHUL S/O. NAVAL MALI

VERSUS

NEETA W/O. RAHUL MALI AND ANOTHER .....

Advocate for Applicant : Mr. Mukulanand R. Wagh Advocate for Respondents : Mr. Anudeep D. Sonar .....

CORAM : BHARAT P. DESHPANDE, J.

DATED : 27 JULY 2022 PER COURT :- 1.

Heard learned counsel appearing for the parties. 2.

After hearing for some time, both the learned counsel invited attention of this Court to the order dated 30.07.2019 wherein interim order was passed and the applicant was directed to pay interim maintenance to respondent nos. 1 and 2 at the rate of Rs.12,000/- per month, besides school fees and other contingencies of the child (respondent no.2). 3.

Learned counsel for the respondents suggested that the interim maintenance awarded by this Court be enhanced to Rs.14,000/- per month as maintenance towards respondent

-2nos. 1 and 2, besides school fees and other contingencies of the child by considering the order passed by learned Magistrate at Dhule granting interim maintenance of Rs.5,000/- each in the pending Criminal Misc. Application No. 390 of 2016, as inclusive of the amount of Rs.14,000/- which he has proposed today as maintenance for respondent nos. 1 and 2.

4.

Learned counsel for the applicant fairly accepted the above proposal and submitted that the arrangement made vide order dated 30.07.2019 regarding deduction of the amount from the salary of the applicant and transferring it in the account of respondent no.1 directly through electronic mode shall continue. He fairly submitted that besides said maintenance, the applicant is ready to pay the school fees and other contingencies of the child as directed by this Court in the earlier order.

5.

Considering the impugned order passed by the learned Family Court and the earlier order passed by the learned Magistrate granting interim maintenance, it seems that the proposal of the parties is fair and the same could be accepted

-3for the purpose of disposal of this revision application. It is made clear that this Court has not observed anything on the merits of the impugned order.

6.

It is reported that the proceedings before the Judicial Magistrate, First Class, Dhule vide Criminal Misc. Application No. 390 of 2016 are still pending. Learned Magistrate shall take into consideration the amount awarded by the Family Court and modified by this Court while deciding the said proceedings.

7.

Having said so and with consent of the parties, the order passed by this Court on 30.07.2019 is modified to the extent that "the applicant shall pay an amount of Rs.14,000/- per month as maintenance to respondent nos. 1 and 2 from the month of August 2022 and he is also liable to pay school fees and other contingencies of the child". With this observation, the criminal revision application stands disposed off.

BHARAT P. DESHPANDE, J.

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