Nilesh S/O. Hiraman Bakde v. Sau. Manisha Nilesh Bakde

appp1292.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPP) NO.1292/2019 IN CRIMINAL APPLICATION NO.792/2018 Nilesh s/o Hiraman Bakde .vs. Sau. Manisha w/o Nilesh Bakde _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. I. S. Charlewar, Advocate for applicant.

Mr. Anant Krishnan, Advocate for non applicant. CORAM : V. M. DESHPANDE, J.

DATED : OCTOBER 16, 2019 Heard Mr.Charlewar, learned counsel for applicant and Mr. Anant Krishnan, learned counsel for non applicant.

Applicant is husband of non applicant. Applicant approached this Court by filing an application under Section 482 of the Code of Criminal Procedure, challenging order passed by learned Judicial Magistrate First class, Gadchiroli in Misc. Criminal Application No.5/2015, together with order passed by learned Sessions Judge, Gadchiroli in Criminal Appeal No.10/2017.

This Court (Coram: Z. A. Haq, J.), initially granted interim relief on 18.02.2019 On 26.04.2019, this Court (Coram: Rohit B. Deo, J.) directed present applicant to deposit the entire arrears of maintenance due and payable to the non applicant-wife in view of order dated 16.01.2017, passed by learned Judicial Magistrate First Class, Gadchiroli. It was observed in the order dated 26.04.2019 that if arrears are not deposited

appp1292.19.odt within two weeks, the application shall stand dismissed without further reference to the Court.

Though, applicant has enjoyed interim relief in his favour, he did not deposit the arrears of maintenance amount. Consequently, in view of order dated 26.04.2019, the application was dismissed.

The present application is filed for restoration by recalling order dated 26.04.2019, Mr. Charlewar, learned counsel for applicant, submits that applicant has given instructions that he is not able to deposit arrears as directed by this Court.

Since applicant has already enjoyed the fruits of interim order and he is not following the orders passed by this Court, the applicant has no right to claim any relief from this Court. Hence, the application is rejected. It is open for the non applicant-wife to take immediate steps for recovery of the maintenance amount. JUDGE kahale