Paramjeetsing S/O. Jaswantsing Palaya v. Lakhbir Kaur Surjeet Grewal And ANR
2025:BHC-AUG:20616 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 41 CRIMINAL WRIT PETITION NO. 50 OF 2018 LAKHBIR KAUR W/O. PARAMJEETSINGH PALAYA AND ANR ....Petitioner
VERSUS
PARAMJEETSINGH JASWANTSINGH PALAYA .....Respondent WITH CRIMINAL APPLICATION NO. 2554 OF 2023 IN WP/50/2018 WITH CRIMINAL WRIT PETITION NO. 1410 OF 2017 Mr. U. A. Khekale, Advocate for the petitioner Mr. Rahul R. Awhade, Advocate h/f Mr. N. L. Chouhdari, Advocate for the respondent CORAM : KISHORE C. SANT, J.
DATE : 01st AUGUST, 2025 P. C.
1.
The Cri. writ petition No. 50/2018 is filed by the wife challenging the judgment and order dated 30-08-2017 passed by the learned Additional Sessions Judge, Aurangabad in the Criminal Appeal No. 103/2017 to the extent not allowing the appeal and directed the husband only to pay an amount of Rs.5000/- per month towards interim maintenance. Husband
(2) has filed the writ petition No.1410/2017 challenging the same order for cancelling and setting aside the said order. Both the petitions are thus arising out of the interim applications and interim order passed by the court.
2.
Though both the parties want to argue the matter, however, it is seen that two proceedings are pending since 2016 which action arises out of the order passed by the learned JMFC, Aurangabad whereby the interim maintenance was granted @ Rs.6000/- per month each of the applicants alongwith wife and son.
3.
Instead of going into the details, it would be in the interest of justice to direct the learned trial court to decide the proceedings within a period of six months from today. 4.
In the meantime, it is submitted by the learned advocate for the wife that as on today the amount of arrears is more than Rs.4 lakhs and the husband is not paying the said
(3) amount. He is not even paying the monthly amount. 5.
The learned advocate for the husband makes a statement on instructions that within four weeks from today, the respondent-husband shall deposit 50% of the amount of arrears as on today in the trial court and also would pay the regular monthly maintenance.
6.
In view of above, the following order:
ORDER
a] The learned trial court is requested to decide the proceedings within a six months from today. b] The respondent-husband to deposit 50% of the amount of arrears as on today within four weeks from today and to pay regular monthly maintenance to the wife and son.
c] The criminal writ petitions stand disposed off.
(4) d] In view of disposal of the criminal writ petitions, the criminal application No. 2554/2023 stands disposed off.
[KISHORE C. SANT, J.] VishalK/41criwp50.18