Pravin Pralhad Dabhade v. Sonali W/O. Pravin Dabhade And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 124 OF 2021 PRAVIN PRALHAD DABHADE

VERSUS

SONALI W/O. PRAVIN DABHADE AND OTHERS ...

Advocate for Applicant : Mr. Gapat Pramod Babanrao Advocate for Respondents : Mr. Harish S. Bali ...

CORAM : BHARAT P. DESHPANDE, J.

DATE : 2nd AUGUST 2022.

Per Court :

1.

This is a Revision Application filed by the husband, challenging the impugned order dated 20.08.2021 passed by the learned Family Court, Aurangabad in Petition No. E-62/2021, wherein interim maintenance of Rs.4000/- per month is granted to the Respondent No.1 and interim maintenance of Rs. 3000/- per month is granted in favour of Respondent No.2 and 3, from the date of filing of the application till disposal of the proceedings.

2.

Vide order dated 14.10.2021, this Court while considering the material placed on record passed the following order;

(i) Impugned order is stayed till the next date on condition of depositing half of the arrears by the next date and on condition that the applicant husband shall pay Rs.2,000/- per month to respondent wife and Rs.2,000/- per month to respondent children, and shall continue to pay the maintenance at this rate till the conclusion of this revision. 3.

Learned Counsel for the Applicant submits that gross income of the Applicant is Rs.10,000/- per month, whereas he is getting salary of Rs.7000/- per month after deduction. He submits that the learned Family Court failed to consider this aspect and there is no discussion in the impugned order.

4.

Be that as it may, the learned Counsel for Respondents pointed out that application filed under section 125 of Cr.P.C. before the Family Court, Aurangabad, wherein Miscellaneous Application No.62/2021 is still pending for evidence. After considering the matter for some time, both the learned Counsels fairly submitted that the arrangement as per order dated 14.10.2021 of this Court, wherein Applicant was directed

to pay Rs.2000/- per month to Respondent No.1 and to pay Rs.2000/- per month to Respondent No.2 and 3 jointly, shall continue till the disposal of the maintenance petition. With this understanding, both the learned Counsels fairly submitted that the Revision Application could be disposed of. Hence the following order;

O R D E R

(i) The Revision Application is partly allowed. (ii) The order dated 20.08.2021 passed by the learned Family Court at Aurangabad is modified.

(iii) The Applicant shall pay Rs.2000/- per month to Respondent No.1 and Rs.2000/- per month to Respondent No.2 and 3 jointly as maintenance till disposal of the proceedings filed by the Respondents before learned Family Court at Aurangabad.

(iv) It is stated that the Applicant is regularly depositing such amount. The Respondents are entitled to withdraw the said amount. With this, the Revision Application is disposed of.

[ BHARAT P. DESHPANDE, J.] Najeeb.