Kalpesh Shamkant Jalatkar v. Trupti Kalpesh Jalatkar @ Trupti Suklal Mistari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 213 OF 2025 Kalpesh Shamkant Jalatkar

VERSUS

Trupti Kalpesh Jalatkar @ Trupti Suklal Mistari ...

Mr. P. H. Patil, Advocate for Applicant Mr. S. A. Nimbalkar h/f Ms. Megha B. Vaishnav, Advocate for Respondent .....

CORAM : AJIT B. KADETHANKAR, J.

DATED : 25TH MARCH, 2026 ORDER :- .

The matter has arisen out of the proceedings filed by the respondent under Section 125 of the Criminal Procedure Code. The relation between the parties is not disputed by the petitioner. The respondent no.1 is wife while the respondent no.2 is minor daughter of the petitioner. Due to marital discord in between the petitioner and the respondent no.1, the respondents were constrained to file 125 proceedings for maintenance before the Trial Court.

2.

In the Trial Court, the petitioner chose not to file written statement. As such, the Trial Court was constrained to proceed with the trial. After assessing the evidence on record

and by recording reasons, the Trial Court directed the petitioner to pay monthly maintenance worth Rs.5,000/- to the respondent no.1/wife and Rs.3,000/- to the respondent no.2/daughter. The said directions are to be implemented from the date of filing of the petition w.e.f.29.04.2024. 3.

The petitioner who was respondent in the Trial Court has assailed the findings rendered by the Trial Court vide the present Revision Application.

4.

Mr. P. H. Patil, Learned Counsel for the petitioner would submit that it was a bonafide inadvertence on the part of the petitioner to fail to participate the trial proceedings. He would submit that the petitioner was and is ready to discharge his responsibility towards the respondents. However he has exception as regards to the quantum of maintenance. He would submit that if an opportunity is granted to the petitioner to putforth his side before the Trial Court, he would convince the Court as regards to his liability. 5.

Notice was issued by this Court and the respondents have caused the appearance through Mr. S. A. Nimbalkar h/f Ms. Megha B. Vaishnav, learned Counsel.

6.

The petitioner undertakes to deposit 50% of the arrears amount and also undertakes to pay the monthly maintenance regularly to the respondents on or before 10th day of each month.

7.

Mr. P. H. Patil, learned Counsel for the petitioner further requests to relegate the parties for mediation. 8.

In view of the submissions made by the petitioner, the petitioner shall deposit an amount of Rs.95,000/- in this Court within a period of four weeks from today without any default. 9.

The petitioner undertakes not to seek any adjournment or extension for such deposit. Thereafter, the petitioner shall pay regularly monthly maintenance of Rs.8,000/- (R.5,000/- to wife and Rs.3,000/- to the daughter) on or before 10th day of each month.

10.

The payment shall be made w.e.f. 01st April, 2026. As such, the petitioner shall commence compliance with the directions to pay maintenance from the month of April, 2026. 11.

Stand over to 22.04.2026.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2026