Amol Prakash Amberkar v. Supriya Amol Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION REVISION APPLICATION NO. 416 OF 2025 Amol Prakash Amberkar ...Applicant

Versus

Supriya Amol Amberkar & Anr.

...Respondents

__________ None present for the Applicant.

Mr. K. V. Saste, learned Addl.P.P. for the State/Respondent. Ms. Supriya A. Amberkar, Respondent No. 1 is present in the Court. __________ CORAM :

ASHWIN D. BHOBE, J.

DATE :

17th OCTOBER, 2025.

P.C. :

1.

This matter was called out at 3.20 p.m. None appears on behalf of the Applicant, either physically or through Video Conferencing mode.

2.

Ms. Supriya Amol Amberkar, Respondent No. 1 in the present Criminal Revision Applicant is present in person along with her aged father. She submits that though the Court of Additional Chief Metropolitan Magistrate, 15th Court, Mazgaon at Sewree, Mumbai vide order dated 15th June, 2022 in CC No. 29/DV/2019 has passed an order directing the Applicant to pay an amount of Rs. 8,000/- per month to Respondent No. 1 and an amount of Rs. 8,000/- per month to their minor boy child from the date of Application, i.e., 16th March 2019 towards food, clothing and medical expenses, till

date the Applicant has not paid a single penny. She submits that the Applicant despite having sufficient means, is avoiding to comply with the said order with intentions to make the Applicant and her child suffer. She submits that the Applicant is taking undue advantage of the precarious financial condition of the Respondent No. 1 and is harassing her. She submits that Criminal Appeal No. 502 of 2024 filed by the Applicant against the judgment and order dated 16th June, 2022, was dismissed by the Court of Sessions Judge at Mazgaon on 4th April, 2025. She states that even after the dismissal of said Criminal Appeal, the Applicant has failed and neglected to comply with the judgment and order dated 16th June, 2022. She submits that the Metropolitan Magistrate has issued an Non-bailable Warrant against the Applicant.

She tenders a copy of the Warrant of Imprisonment on failure to pay maintenance issued under Section 125 of the Code of Criminal Procedure, 1973 by the Additional Chief Metropolitan Magistrate, 15th Court, Mazgaon, Mumbai on 14th October, 2025 against the Applicant, which is taken on record and marked as "X" for identification. She submits that the Applicant is avoiding the said Warrant. She painfully submits that the Applicant is taking the Court for granted and that the Applicant has no respect for the majesty of the Court or the orders passed by the Court. She submits that she is unable to maintain herself as also the minor child in view of the neglect by her husband/Applicant. She therefore prays that the present Criminal Revision Application be dismissed.

3.

As the matter is placed before this Court for the first time, in the interest of justice and to afford an opportunity to the Applicant

to appear and advance his case in the present Criminal Revision Application, this matter is adjourned and fixed on 3rd November, 2025. In the event the Applicant or his Advocate fail to appear on the said date, the Criminal Revision Application shall be considered on its own merits and an appropriate orders would be passed. 4.

It is clarified that there is no interim order passed in this Criminal Revision Application and therefore, there is no impediment for the learned Metropolitan Magistrate to proceed in the case bearing CC No. 29/DV/2019 and/or to implement its orders in accordance with law.

[ASHWIN D. BHOBE, J.] by GITALAXMI KRISHNA KOTAWADEKAR Date:

2025.10.18 19:03:32 +0530 GITALAXMI KRISHNA KOTAWADEKAR