Kamlesh Pancham Vishwakarma v. Jyoti Kamlesh Vishwakarma And ANR

12-WP-3779-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.3779 OF 2025 Kamlesh Pancham Vishwakarma

...Petitioner

Versus

Jyoti Kamlesh Vishwakarma & Anr.

...Respondents

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.24 12:06:36 +0530 ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Mr. Ramesh Chandra Mishra, for the Petitioner. Mr. S. M. Mangaonkar, APP, for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 23 DECEMBER 2025 P.C.:

1.

Heard Mr. Mishra, learned Counsel appearing for the Petitioner. 2.

By the present Writ Petition filed under Article 227 of the Constitution of India the challenge is to the Order dated 27th June 2025 passed by the learned Additional Sessions Judge-2, Vasai, below Exhibit-5 in PWDVA No.19 of 2024. The said Exhibit-5 Application was filed seeking stay to the Order granting maintenance of Rs.4,000/- per month to the Respondent-wife during the pendency of said Appeal. 3.

The learned Additional Sessions Judge has recorded that the learned Counsel of the Petitioner who appeared before the learned Sessions Court, on instructions, even refused to deposit 50% of the amount as awarded by the learned JMFC. The learned Judge has further recorded that the salary of the Petitioner is Rs.30,000/- per

12-WP-3779-2025.doc month and therefore refused to grant any interim stay and dismissed the application with cost of Rs.10,000/-.

4.

In the facts and circumstances, no interference in the impugned Order is warranted under the jurisdiction of this Court under Article 227 of the Constitution of India.

5.

Accordingly, the Writ Petition is dismissed.

[MADHAV J. JAMDAR, J.]