Shaikh Yusuf S/O Shaikh Osman And Others v. Farheen W/O Shaikh Yusuf And Others

(1) Cr. W.P. 1463/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1463 OF 2014 Shaikh Yusuf S/o Shaikh Osman and others .. Petitioners Vs.

Farheen W/o Shaikh Yusuf and others .. Respondents ---- Mr. S.R. Dheple, Advocate for the petitioners Mr. R.V. Dasalkar, A.P.P. for the respondent-State None present for respondent nos.1 and 2 though served ---- CORAM : M.T. JOSHI, J.

DATE : 03/02/2016 ORAL ORDER :

1.

Heard learned counsel for the petitioners and the learned A.P.P.

2.

None appears for the respondent nos.1 and 2, though duly served.

3.

The orders of the learned Judicial Magistrate First Class, Aurangabad as well as of the learned Additional Sessions Judge, Aurangabad cannot be faulted with, as both the orders are passed regarding the interim maintenance during the pendency of the original proceeding under the provisions of the Protection of Women from Domestic Violence Act, 2005.

(2) Cr. W.P. 1463/2014 4.

It however appears that the proceedings are pending since the year 2013 and the interim maintenance is being paid with effect from 12/08/2013. In the circumstances, the present Writ Petition is disposed of with a direction that the respondent nos.1 and 2 shall conclude their evidence in the trial Court within a period of 4 months with effect from today.

5.

Upon failure, the present petitioner would be entitled to seek modification of the earlier order, which issue, shall be decided by the learned Judicial Magistrate First Class afresh taking into consideration the protraction of the case, if any, at the behest of the respondents.

6.

With these directions, the Writ Petition is disposed of.

7.

Authenticated copy of this order be provided to the learned counsel for the parties, on their request. [M.T. JOSHI] JUDGE arp/