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Bombay High CourtWP/1864/2023application allowed

Pravin Eknathrao Shinde v. Bhagyashiree Pravin Shinde

2024-07-08Hon'Ble Shri Justice S. G. Dige2 pages

2024:BHC-AUG:13703 wp1864.23 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 111 CRIMINAL WRIT PETITION NO. 1864 OF 2023 Pravin Eknathrao Shinde

VERSUS

Bhagyashiree Pravin Shinde ...

Advocate for the Petitioner : Mr. Y.G. Birajdar with Mr. N.S. Shinde h/f Mr. Sachin S. Deshmukh Advocate for Respondents : Mr. S.B. Madde .....

CORAM : SHIVKUMAR DIGE, J.

DATED : 8th JULY, 2024.

PER COURT :- 1.

The petitioner is seeking directions to the Sessions Judge, Ahmedpur to accept the arrears of interim maintenance amount pursuant to the order dated 29.08.2022 passed in Criminal M.A. (Delay) No. 02 of 2023 with further direction to register the criminal appeal presented by the petitioner under Section 29 of the Protection of Women from Domestic Violence Act, 2005.

2.

It is the contention of the learned counsel for the petitioner that the petitioner is ready to deposit 50% of the arrears of interim maintenance amount as on today before the Sessions court. He further submitted that directions be given to the Sessions Judge to register his appeal after deposit of the 50% amount of arrears of interim maintenance.

wp1864.23 -23.

Learned counsel for the respondents has no objection for it. 4.

Considering the submissions of both the learned counsel, I pass the following order:-

O R D E R

I.

The writ petition is allowed.

II.

The petitioner shall deposit 50% amount of arrears of interim maintenance as on today before the Sessions Court. After deposit of the said amount, the Sessions Judge shall register the appeal as contemplated under Section 29 of the PWDVA Act, 2005, filed by the petitioner.

III.

The amount which is already deposited shall be adjusted in the 50% amount which is to be deposited by the petitioner before the Sessions Court.

(SHIVKUMAR DIGE, J.) rlj/