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Bombay High CourtCRMA/6/2022disposed of

Prassada Vinaica Fatorpencar @ Prasad Phaterpecar v. Roshnee Bhana Fatorpecar

2022-08-17Hon'Ble Shri Justice Sandeep K. Shinde2 pages

CRMA 6 of 2022 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO.6 OF 2022 PRASSADA VINAICA FATORPENCAR @ PRASAD PHATERPECAR ... APPLICANT

Versus

ROSHNEE BHANA FATORPECAR ... RESPONDENT Mr. Sudin Usgaonkar, Senior Advocate with Ms. Pooja Naik, Advocate for the Applicant.

Mr. John Abreu Lobo, Advocate for the Respondent. CORAM:- SANDEEP K. SHINDE, J.

DATED :- 17th August, 2022 P.C.

This Miscellaneous Application No. 6/2022 in Criminal Writ Petition No. 92/2015, seeks to modify the order dated 06.08.2015, passed by this Court in the said Criminal Writ Petition, by reducing the quantum of the interim maintenance, granted to the Respondent, from Rs.25,000/- to Rs.15,000/- per month and cost of litigation from Rs.6,000/- to Rs.3,000/-.

2. The Application is opposed by the Respondent by filing affidavit in reply.

3. The learned Counsel appearing for the parties, on instructions, submitted that in the proceedings instituted by the Respondent under Section 12 of the Protection of Women from 17th August, 2022

CRMA 6 of 2022 Domestic Violence Act, 2005, in the Court of Judicial Magistrate First Class, Mapusa, the Respondent has led her evidence and the Applicant's sole witness is under cross examination.

4. The learned Senior Counsel for the Applicant submits that no other witness shall be examined on behalf of the Applicant in the proceedings before the learned Magistrate. The statement is accepted.

5. Therefore, without examining the issue in the Application, it would be expedient to request the learned Magistrate to conclude the proceedings in Criminal Case No. OA/201/DVA/2014/E, preferably before 31.10.2022.

6. In that view of the matter, the Application is partly allowed and disposed of.

SANDEEP K. SHINDE, J.

VAIGANKAR ESHA SAINATH Date: 2022.08.18 19:16:03 +05'30'

VAIGANKAR ESHA SAINATH 17th August, 2022