Anuraag Agarwal v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1531 OF 2025 Anuraag Agarwal

...Petitioner

V/s.

The State of Maharashtra and Anr.

...Respondents

WITH INTERIM APPLICATION (ST) NO. 6811 OF 2025 Adv. Yusuf Iqbal Yusuf a/w Ms. Vasudha Gupta, Ms. Drishti Singh, Ms. Priya Singh, Adv. Dev Mistry i/b YNA Legal LLP, Advocate for the Petitioner.

Mr. S. V. Walve, APP for the Respondent No.1/State. Mr. Archit Jayekar a/w Adv. Bhoomi Upadhyay, Ms. Shivani Prasad, i/b Jayekar and Partners, Advocate for Respondent No.2.

CORAM

:

N.R. BORKAR, J.

DATE :

23.04.2026.

P.C. :

1.

This petition takes exception to the interim order of maintenance. This Court on 02.04.2025 passed the following interim order in the present writ petition :

1.

Both the learned Counsel state that arrears of maintenance are about Rs.18,00,000/-. The Petitioner/Applicant to deposit in this Court an amount of Rs.10,00,000/- within a period of one 1/4

week from today. In addition to that, he shall deposit an amount of Rs.8,00,000/- in the account of the Respondent No.2 within a period of one week from today.

2.

In addition to above, the Petitioner/Applicant shall continue to pay school fees of daughter of approximately Rs.1,30,000/- per month or even if there is enhancement of the school fees regularly. As far as the maintenance of Rs.50,000/- per month granted to the daughter the same shall be deposited in the account of the Respondent No.2 on or before 10th day of each succeeding month and also pay rental of Rs.1,05,000/- per month regularly.

3.

As far as maintenance granted to the Respondent No.2-Wife of Rs.1,00,000/- per month is concerned, the same be deposited in this Court on or before 10th day of each succeeding month till next date.

4.

Learned Counsel appearing for the Petitioner/Applicant states that the Petitioner is ready and willing to pay as per the above directions, however the direction to deposit of maintenance of Rs.1,00,000/- granted to the Respondent No.2-Wife and deposit of Rs.10,00,000/- is without prejudice to the rights and contentions of the Petitioner/Applicant.

2/4

[ 5.

The Respondent No.2 to file affidavit-in-reply within a period of four weeks from today. Rejoinder if any, be filed within a period of three weeks thereafter.

6.

Stand over to 11th June 2025.

7.

In view of the above statements, no coercive steps be taken till next date.

2.

It is not disputed that this Court directed the learned Metropolitan Magistrate to decide main proceedings i.e. C.C. No. 11/DV/2023 by 30.08.2024 and even made it clear that no further extension would be granted to the concerned Court. 3.

In that view of the matter, the following order is passed :

O R D E R

i) Till the decision of main proceedings, the petitioner shall pay the interim maintenance in terms of the order passed by this Court in the present writ petition dated 02.04.2025 with only modification that petitioner shall pay the amount of maintenance of Rs.1,00,000/- granted to 3/4

respondent No.2/wife and amount of Rs.1,05,000/- towards rent directly to respondent No.2/wife instead of depositing in the Court. ii) It is made clear that the payment of interim maintenance as ordered by this Court shall be without prejudice to the rights and the contentions of the petitioner/husband and shall be subject to the final decision in the main proceedings.

4.

The petition is disposed of in the above terms. [N.R.BORKAR, J.] 4/4