Vikas S/O. Omprakash Kejriwal v. Archana W/O. Vikas Kejriwal

appw275.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (APPW) NO.275 OF 2019 IN CRIMINAL WRIT PETITION NO.930 OF 2018 (Vikas s/o Omprakash Kejriwal and others ..vs.. Archana w/o Vikas Kejriwal and another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Tejas Deshpande, Counsel h/f. Shri Firdos Mirza, Counsel for the petitioners, Shri P.P. Kotwal,and Shri D.M. Dixit, Counsel for the respondents. CORAM : ROHIT B. DEO, J.

DATED : 22-11-2019 Heard Shri P.P. Kotwal, learned Counsel for the respondents.

2.

Shri Tejas Deshpande, learned Counsel for the petitioners is seeking further time of two weeks to file an affidavit-in-response to the application seeking clarification.

3.

Sufficient time is already granted to file an affidavit-in-response. In any event, the application can be decided on the basis of record and the request for grant of time is rejected.

4.

The original respondent 1-wife is seeking a clarification to the common judgment dated 16-8-2019 in Writ Petition 404/2018 and Criminal Writ Petition 930/2018. According to the respondent-wife since the

appw275.19 learned Magistrate has granted the maintenance to her from the date of the application, which order was confirmed by the Additional Sessions Judge-3, Amravati, it be clarified that the maintenance amount which is reduced by this Court shall also be payable with effect from the date of the application.

5.

No clarification is necessary.

6.

It is obvious that this Court has only reduced the quantum of maintenance awarded by the Courts below. 7.

This Court has not interfered with the date of effect of the grant of maintenance. If the Courts below have granted the maintenance with effect from the date of the application, it is obvious that the amount of maintenance as reduced/modified by this Court shall also be payable with effect from the date of the application.

8.

The application is disposed of accordingly.

JUDGE adgokar