Bombay High CourtREVN/168/2018dismissed

Subodh S/O. Kishor Gawande v. Bhagyashri Dhotre W/O. Subodh Gawande

2019-09-27Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 crrevn168.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL REVISION APPLICATION NO.168/2018 Subodh S/o Kishor Gawande and others ..Vs..

Bhagyashri Dhotre W/o Subodh Gawande - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri J.M. Gandhi, Advocate for the applicants. Shri P.W. Mirza, Advocate for the non-applicant. CORAM : NITIN W. SAMBRE, J.

DATED : 27.9.2019 1] Heard.

2] The award of maintenance and the accommodation charges are subject matter of challenge. 3] Shri Gandhi, learned Counsel have two-fold submissions, that since the applicants are residing at Nagpur, as is pleaded, the Court at Amravati will not have any jurisdiction. Another submission is, the salary slip was not produced by the non-applicant / wife so as to demonstrate that she is earning substantially which could have impressed the Courts below while granting an amount of maintenance and the accommodation charges. 4] The perusal of the pleadings reflect that the non-applicant was employed was not suppressed from the Courts below.

2 crrevn168.18 5] As far as the earning of the non-applicant and the issue of jurisdiction is concerned, in my opinion, same can be looked into at appropriate stage by the competent Court, if so raised by the applicant. That being so, the order of award of interim maintenance and accommodation charges does not warrant any interference. This Court hardly notices any error of jurisdiction. The application fails. It is dismissed accordingly. No costs.

JUDGE Tambaskar.