Neelam W/O Punit Barmase And Another v. Punit S/O Sujay Barmase

16 revn36.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION NO.36 OF 2024 Smt. Neelam W/o Punit Barmase and another Vs. Punit S/o Sujay Barmase __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Y.R. Kinkhede, Advocate for applicants.

CORAM :

M.W. CHANDWANI, J.

DATE : FEBRUARY 22, 2024.

Heard.

2.

The application challenges the order dated 16.03.2023 passed by the learned Judge, Family Court No.3, Nagpur in Petition No.E-229/2023, whereby the application of the applicants has been partly allowed directing the non-applicant to pay maintenance of Rs.4,000/- per month to each applicant. 3.

The contention is that though the applicants in prayer clause has prayed amount of Rs.5,000/- per month for each applicant towards maintenance, but in evidence the applicant no.1 has deposed that each applicant requires Rs.10,000/- per months. Further contention is that the learned Family Court should have considered the amount required presently. The impugned order is also challenged on the ground that maintenance was granted by the learned Family Court from the date of order and not from the date of application. The application is of 2018. To buttress his submission, he seeks to rely on the decision of Md.Abu Taleb Ali Vs. Mst. Hasina Bibi 1. (2007) 2 Gauhati Law Reports 792

16 revn36.24.odt 4.

Issue notice to the non-applicant, returnable within two weeks.

5.

In addition to regular mode of service, the applicant is permitted to serve the non-applicant by all other modes permissible in law.

JUDGE Wagh