Bombay High Court
Shahid Sheikh Rafiq Sheikh And ... vs Ruhi Bano Sheikh Shahid Sheikh And ... on 4 August, 2017
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL WRIT PETITION NO. 253 OF 2017
1. Shahid Sheikh Rafiq Sheikh,
Aged about 26 years,Occ-labour,
2. Rafiq Sheikh,
Aged about 52 years,Occ-Service,
3. Rafikun Rafiq Sheikh,
Aged about 47 years,
Occupation-household,
4. Akram Sheikh S/o Rafiq Sheikh,
Aged about 30 years,Occ-Lalbour
All R/o Bhalar, WCL Colony,
Tahsil Wani,District-Yavatmal ..... PETITIONERS
...V E R S U S...
1. Ruhi Bano Sheikh Shahid Sheikh,
Aged about 23 years,Occ-Labour,
R/o Shalikram nagar, Ghuggus,
Tahsil and District-Chandrapur.
2. State of Maharashtra,
Through Police Station Officer,
Police Station Ghuggus,
Tahsil and District-Chandrapur. ... RESPONDENTS
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Shri Junaid Ahmed, Advocate for petitioners.
Shri Shishir Dongre, Advocate for respondent no.1.
Shri N.B.Jawade, A.P.P. for State-respondent no.2.
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CORAM:- V. M. DESHPANDE, J.
DATED :-AUGUST 4,2017
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ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsel for the parties.
2] A proceeding under Protection of Women from
Domestic Violence Act,2005 was filed by respondent-no.1 against
the present petitioner. This proceeding was registered as
M.C.A.No.112/2015. During the pendency of the said proceeding
an application for interim maintenance was filed by the
respondent no.1. The said application is at Exh.5. The application
was contested by the present petitioner. After hearing the parties,
learned J.M.F.C.(Court No.1).Chandrapur on 1/3/2016 partly
allowed the said application and directed the petitioner who are
non-applicant nos. 1 to 4 in the original proceeding to pay Rs.
4000/- per month to the respondent no.1 severally and
collectively.
3] Being dissatisfied with the said order appeal was
carried by the petitioner before learned Additional Sessions
Judge, Chandrapur which is registered as Criminal Appeal
no.20/2016 and the learned Additional Sessions Judge,
Chandrapur on 22/12/2016 dismissed the appeal. Hence, this writ
petition.
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4] The only submission that was made before this Court
by learned counsel for petitioner that the learned J.M.F.C. has
committed the mistake by directing to pay the maintenance
amount severally and collectively. He submits that if it is clarified
that husband Shahid Sheikh Rafiq Sheikh, the petitioner no.1 is
alone required to pay the maintenance amount, the petitioners are
satisfied.
Statement accepted. In that view of the order, I pass
the following order.
ORDER
I) The writ petition is partly allowed.
II) The order passed by learned J.M.F.C.(Court No.1).
Chandrapur in M.C.A.No.112/2015 dated 1/3/2016
directing to pay maintenance at the rate of Rs.4000/-
per month to the respondent no.1 is maintained.
However, it is clarified that the said maintenance
amount will be paid by only petitioner no.1, the
husband of respondent no.1.
III) With this, the writ petition is partly allowed.
Rule is made absolute, with no order as to costs.
JUDGE
kitey
