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Bombay High CourtIA/4543/2022rejected

Anil Vithal Hankare And ORS. v. Vaishali Anil Hankare And ORS.

2023-08-03Hon'Ble Shri Justice N. R. Borkar2 pages

15-IA-4543-2022.doc Digitally signed by SAYYED SAEED ALI AHMED ALI Date:

2023.08.05 12:49:08 +0500 SAYYED SAEED ALI AHMED ALI

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.4543 OF 2022 IN CRIMINAL REVISION APPLICATION NO.382 OF 2022 Anil Vithal Hankare And Ors.

...Applicants

Versus

Vaishali Anil Hankare And Ors.

...Respondents

.........

Mr. Mahindra Deshmukh for the Applicants.

Mr. A. R. Kapadnis, APP for Respondent No.2/State. .........

CORAM : N.R. BORKAR, J.

DATED : 3 AUGUST 2023 P.C. :- 1.

By this application, the applicants have sought restoration of Criminal Revision Application No.382 of 2022 on the file of this Court.

2.

On 13 October, 2022 this Court in Criminal Revision Application No.382 of 2022 passed the following order : "

By the impugned order, the Revisional Court has directed the husband to pay an amount of Rs.5,000/- per month towards maintenance and an amount of Rs.2,000/- per month towards rent.

2.

The quantification of the amount of the maintenance is based on the salary of the Applicant which is Rs.18,000/-. Prima facie, quantification of Sayyed 1 / 2

15-IA-4543-2022.doc the amount does not appear to be unreasonable but only in order to explore the possibility of an amicable settlement, notice can be issued to the Respondent No.1.

3.

To show his bonafides, the Applicant No.1 shall deposit 25% of the amount of dues i.e. Rs.2,00,000/- within a period of four weeks from today. In case, the Applicant No.1 fails to deposit the aforesaid amount within the stipulated period, the present Application shall stand automatically dismissed without further reference to the Court.

4.

On merits, at this stage, I am satisfied that the amount of maintenance of Rs.5,000/- per month based on the salary of Rs.18,000/- is reasonable." 3.

As this Court has recorded the finding on the merits of the matter the prayer made to restore the Criminal Revision Application is misconceived. The Interim Application is rejected. ( N.R. BORKAR, J. ) Sayyed 2 / 2