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Bombay High CourtWP/5150/2025dismissed

Johar Ali Ismail Harnekar v. State Of Maharashtra And ANR

2025-12-23Hon'Ble Shri Justice Madhav J. Jamdar2 pages

15-WP-5150-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5150 OF 2025 Johar Ali Ismail Harnekar

...Petitioner

Versus

The State of Maharashtra & Anr.

...Respondents

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.24 12:06:36 +0530 _______________________________________________________________ ARJUN VITTHAL KUDHEKAR Mr. Yasin Nabi Shaikh, for the Petitioner.

Ms. R. V. Newton, APP, for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 23 DECEMBER 2025 P.C.:

1.

Heard Mr. Yasin Nabi Shaikh, 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 legality and validity of the Order dated 24th May 2022 passed by the learned JMFC, 60th Court, Kurla, Mumbai, in Application bearing No.186/DV/2020. 3.

The Writ Petition has been filed on 23rd September 2025, challenging the Order dated 24th May 2022. No explanation has been given for the said delay. Apart from that, the learned JMFC has taken into consideration the factual aspects and although the Respondent-wife had sought more maintenance on the ground that the income of the Petitioner is Rs.3,00,000/- to Rs.4,00,000/-, maintenance of Rs.40,000/- is granted.

15-WP-5150-2025.doc 4.

Thus, in the facts and circumstances, no interference in the impugned Order is warranted under the extraordinary and discretionary jurisdiction of this Court under Article 227 of the Constitution of India. 5.

Accordingly, the Writ Petition is dismissed, however with no order as to costs.

[MADHAV J. JAMDAR, J.]