Indrajeet S/O Baliram Rathod v. Manisha W/O Indrajeet Rathod

(1) 38.apl.71.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO.71 OF 2025 Indrajeet s/o Baliram Rathod Vs.

Manisha w/o Indrajeet Rathod -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. S. Shingane, Counsel for the applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 24/01/2025 1.

By this application, the applicant seeks quashing and setting aside the order of enhancing the maintenance amount.

2.

Issue notice to the non-applicant, returnable after four weeks.

3.

Learned Counsel for the applicant is permitted to serve the non-applicant by all modes of service.

4.

Learned Counsel for the applicant also seeks stay to the recovery proceeding and submitted that as per the earlier maintenance order, the amount of maintenance is already deducted from the salary of the present applicant. He also placed on record the salary slip which shows the deduction towards the maintenance amount. Considering the same, the non-applicant is already receiving the maintenance amount as per the earlier order. At this stage, considering the issue raised by the learned

(2) 38.apl.71.2025 Counsel for the applicant that the earlier maintenance amount is not adjusted by the trial Court as well as by the Sessions Court while rejecting the revision. In view of the decision of the Hon'ble Apex Court in the case of Rajnesh Vs. Neha reported in 2021 AIR SC 569, there shall be stay to the recovery proceedings, till the appearance of the non-applicant.

5.

Stand over after four weeks.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 28/01/2025 16:04:36