Deepak Ashok Pradhan v. State Of Maharashtra And ANR

rsk 27-APL-142-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.142 OF 2024 Deepak Ashok Pradhan ....Applicant

Versus

State of Maharashtra ....Respondent Mr. Vishal V. Rankhambe a/w. Ms. Aparna Rankhambe for the Applicant. Ms. M. R. Tidke, APP for the Respondent-State. CORAM : SHARMILA U. DESHMUKH, J.

DATED : 9th FEBRUARY, 2024.

P. C. :

1.

Heard Mr. Vishal V. Rankhambe for the Applicant and Ms. M. R. Tidke, APP for the Respondent-State.

2.

The challenge is to the order dated 30th November 2023 filed by the Executing Court issuing warrant for attachment of salary of petitioner for recovery of arrears of maintenance. Mr. Rankhambe, learned counsel appearing for the applicant submits that it was his specific contention in the Reply below Exhibit 23 that a sum of Rs.1,25,000/- has already been paid. He contends that despite thereof the Trial Court has observed that the petitioner has deposited only Rs.15,000/- in the Family Court and Rs.10,000/- directly with respondent wife and as such held that only a sum of Rs.25,000/- has been paid. He further submits that in fact subsequently he has paid various amounts which are evident from the

rsk 27-APL-142-24.doc documents annexed at page Nos.68 to 75 of the petition. 3.

Issue notice to respondent No.2 returnable on 1st March 2024. In addition to Court notice, petitioner to serve the respondent No.1 by private notice and file affidavit of service before next date. 4.

Till the next date, the impugned order of attachment of salary is stayed.

(SHARMILA U. DESHMUKH, J. )