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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION APPLICATION NO.65/2017
Punit Kashinath Kulat,
aged 33 years, Occ. Service,
r/o Hariharpeth, Old City, Akola,
Tq. Dist. Akola. .....APPLICANT
...V E R S U S...
Sau. Deepali w/o Punit Kulat,
aged 31 years, Occ. Household,
r/o c/o Shri Bandu Sitaram Jadhav,
Gupte Marg, Jatharpeth, Akola,
P. S. Civil Lines, Akola. ...NON APPLICANT
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Mr A. D. Girdekar, Advocate for applicant.
Mr. N. B. Jawade, Advocate for non applicant.
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CORAM:- V. M. DESHPANDE, J.
DATED :- 12.07.2017 ORAL JUDGMENT
1. Rule. Rule is returnable forthwith. Heard finally by consent of the parties.
2. Initially by way of interim maintenance, the learned Judicial Magistrate First Class, Court No.7, Akola below Exh.-4 in Misc. Criminal Case No.879/2015 directed the present applicant to pay Rs.5,000/- per month to the non applicant. The said order was questioned by the non applicant-wife by preferring an appeal. However, the quantum was never challenged by the husband. The ::: Uploaded on - 13/07/2017 ::: Downloaded on - 15/07/2017 00:32:59 ::: 2 revn65.17.odt appeal filed on behalf of the wife was registered as Criminal Appeal No.80/2016. The learned 4th Additional Sessions Judge, Akola, vide judgment and order dated 17.03.2017 directed the present applicant-husband to pay Rs.7500/- per month to the non applicant and Rs.5,000/- per month to the son. Thus, the applicant was directed to pay Rs.12,500/- per month by way of maintenance in favour of the non applicant and her son.
The aforesaid order is questioned before this Court in the present revision.
3. Mr. Girdekar, learned counsel for the applicant invited my attention to the order passed by this Court on 05.05.2017. By the said order, this Court has directed the applicant to pay Rs.4,000/- per month to the non applicant and Rs.4,000/- per month to her son. Thus, the petitioner is required to pay Rs.8,000/- per month. In the said order, it is also noted that there are arrears. Even this fact is not disputed by the learned counsel for the applicant. He submits that he will clear all the arrears by calculating the maintenance at the rate of Rs.8,000/- per month within four weeks from today.
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4. Looking to the fact that the proceeding arises out of interim orders, the present revision can be disposed of by directing the learned Judicial Magistrate First Class, Court No.7, Akola to decide Misc. Criminal Application No.879/2015 within six months. During the pendency of the said application, the applicant shall regularly pay maintenance at the rate of Rs.8,000/- per month to the non applicant and shall clear all the arrears within four weeks from today.
Parties are directed to appear in the court of Judicial Magistrate First Class, Court No.7, Akola on 15.07.2017. The learned Magistrate shall make efforts to dispose of the case within six months from 15.07.2017. Both the parties are directed to extend their fullest cooperation to the learned Magistrate.
Rule is made absolute in the above terms. No order as to costs.
JUDGE kahale ::: Uploaded on - 13/07/2017 ::: Downloaded on - 15/07/2017 00:32:59 :::