Vishwanath Madhav Mokal And Others v. Bharati Vishwanath Mokal

2025:BHC-AUG:36479 1 P901.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1765 OF 2025 VISHWANATH MADHAV MOKAL AND OTHERS

VERSUS

BHARATI VISHWANATH MOKAL ...

Advocate for Petitioners : Mr. A.N. Barhate Patil ...

CORAM : ABHAY J. MANTRI, J.

DATE : 19TH DECEMBER, 2025 PER COURT :

1.

Heard learned Advocate for the petitioners. Perused the record.

2.

By this petition, the petitioners are challenging the judgment and order dated 25.04.2019, passed by the learned Additional Sessions Judge, Kopargaon, District Ahmednagar, in Criminal Appeal No. 40/2016, thereby confirming the order dated 02.09.2016, passed by the learned Judicial Magistrate, First Class - 1, Kopargaon (for short 'learned Magistrate') in Criminal Miscellaneous Application No. 04/2014, whereby granted amount of Rs. 1,000/- towards the house rent to the respondent.

4.

On perusal of the record, at the outset, it appears that the learned Magistrate, after considering the income of the petitioner no. 1, as well as the fact that an amount of Rs. 1,900/- was granted to the

2 P901.odt respondent in the maintenance proceedings granted application partly and directed the petitioner to pay amount of Rs. 1,000/- towards the house rent to the respondent. The petitioners challenged the said order before the Sessions Court. Learned Additional Sessions Judge, after considering the material before it, has held that the finding recorded by the learned Magistrate is just and proper and no interference is required in it.

5.

However, the learned Advocate for the petitioners failed to point out the illegality and perversity in the impugned judgments and orders. On the contrary, it appears that judgments and orders passed by the learned Magistrate as well as the learned Additional Sessions Judge are just and proper, and therefore, no interference is required in the writ jurisdiction.

6.

As a result, the petition being devoid of merits, stands dismissed. No order as to costs.

( ABHAY J. MANTRI, J. ) SPC