Santosh Mahadev Satardekar v. Vandita Santosh Satardekar

2026:BHC-GOA:927 siddhi

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO. 122 OF 2026 Santosh Mahadev Satardekar, Son of late Mahadev Satardekar, Age 56 years, service, Married, Indian National, Ro House No.168/A, Reis Magos, Verem, Bardez, Goa.

... PETITIONER

Versus

Mrs. Vandita Santosh Satardekar, Daughter of late Tulshidas Naik, Age 44 years, married, Indian National, Presently residing at H.No.14/B, Ilhas, Goa. ... RESPONDENT Mr. Abhijeet Kamat, Advocate for the Petitioner. Mr. Vithal Naik, Advocate for the Respondent. CORAM:- AMIT S. JAMSANDEKAR,J.

DATED :- 24th April, 2026.

ORDER

1.

The Registry is directed to waive all office objections and register the matter.

2.

Heard Mr. Abhijeet Kamat, learned counsel for the Petitioner and Mr. Vithal Naik, learned counsel for the Respondent. 3.

The Petitioner is challenging the order dated 19/08/2024 passed by the Additional Sessions Judge, North Goa, Mapusa, in

Criminal Revision Application No.6/2022, which has dismissed the Revision filed by the Petitioner against the Order dated 06.12.2021 passed by the Judicial Magistrate First Class, Mapusa, Goa, (the learned JMFC) in Criminal Case Maintenance Application No. 10/2015/C/A.

4.

It has been the main contention of the Petitioner that the learned JMFC has erroneously not considered the relevant and crucial material, which includes the earlier orders passed by the Court in DVA Proceedings of the parties.

5.

As per the mandate given by the Hon'ble Supreme Court, it is submitted by the Petitioner that these orders ought to have been disclosed by the Respondents in the proceedings, and ought to have been considered by the learned JMFC before deciding the quantum of interim compensation to be given by the Petitioner to the Respondent. The learned Judge has rejected this ground, stating that the orders were not before the learned JMFC; therefore, the learned Revisional Court shall not consider these orders. 6.

After hearing the learned counsel for parties for some time, it has been agreed that the present petition shall be disposed of in the following terms by consent:-

(i) The impugned order dated 19.08.2024 in Revision Application No.6/2022 is quashed and set aside by consent. (ii) The Application at Exhibit in Criminal Case No.10/2015/C/A, on 06/12/2021, disposed of by the learned JMFC Mapusa, stands revived.

(iii) The learned JMFC shall take on record the orders dated 20.08.2015 and 29.02.2016 passed in Criminal Case No. DVA.10/2014/D and decide the Maintenance Application no. 10/2015/C/A afresh, without getting influenced by the earlier order dated 06.12.2021 or the order in Revision Application dated 19.08.2024.

(iv) The application at Exhibit in Criminal Case No.10/2015/C/A, shall be decided by the learned JMFC within a period of 6 months from today.

(v) During the pendency of the Revived application at Exhibit 33 in Criminal Case No.10/2015/C/A, the Petitioner shall pay a sum of Rs. 8000/- (Rupees Eight Thousand only) per month to the Respondent towards the interim compensation.

7.

It is also made clear that the consent given by the petitioner and the respondent is without prejudice to their rights and contentions to argue all the grounds during the hearing and final

disposal of the Exhibit 33 in Criminal Case No.10/2015/C/A, on 06/12/2021.

8.

The petitioner has deposited the amount of Rs.4,80,000/- (Rupees Four Lakhs Eighty Thousand only) as per direction on 12.12.2025 on 19.01.2026 in the present petition before the Registry of this Court.

9.

The Respondent was allowed to withdraw Rs.2,00,000/- (Rupees Two Lakhs only), which admittedly, the Respondent has withdrawn.

10.

The Registry is directed to transfer the balance amount of Rs.2,80,000/- (Rupees Two Lakhs Eighty Thousand only) along with accrued interests in the Respondent's Bank Account No. 200073979568 in SBI, Bambolim Branch.

11.

All the contentions of the Petitioner and the Respondent are kept open.

12.

The petition is disposed of in the above terms with no orders as to cost.

AMIT S. JAMSANDEKAR, J.

Signed by: SHAKUNTALA ZALMI Designation: Personal Assistant Date: 29/04/2026 17:27:17