Bombay High Court
Hemant S/O Ashok Bharti vs Ashok S/O Baburao Bharti on 28 August, 2017
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO. 441 OF 2016
Mr.Hemant S/o Ashok Bharti,
aged about 35 years,Occupation-Service,
R/o-C/o Ashok Baburao Bharti,
417, Laxminarayan Nagar Society,
near Shamprasad Mukharji Garden,
Erandwana,Pune-411004. ..... APPLICANT
...V E R S U S...
1) Smt.Payal W/o Hemant Bharti,
aged about 30 years,
Occupation-household,
R/o-C/o Subhash Mangal Puri,
Wardha Road,Kondhali,
Post-Kondhali,Tahsil Katol,
District-Nagpur.
2) Ku.Tapasya D/o Hemant Bharti,
Aged about 4 years,
Occupation-Nil,being minor
through her natural guardian
mother Sau.Payal W/o Hemant Bharti,
aged about 30 years,Occ-Household,
R/o-C/o Subhash Mangal Puri,
Wardha Road, Kondhali,
Post-Kondhali,Tahsil Katol,
District-Nagpur.
3) Mr.Manoj S/o Ashok Bharti,
Aged about 31 years,Occ-Service,
4) Mrs.Indubai W/o Ashok Bharti,
Aged about 54 years,Occ-household,
5) Mr.Ashok S/o Baburao Bharti,
Aged about 60 years,
Occ-Retired Govt.Servant,
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apl.441 2
Non-applicant nos. 3 to 5 are R/o
Ashok Baburao Bharti,417
Laxminarayan nagar Society,
near Shamprasad Mukharji Garden,
Erandwana,Pune-411004.
6) Mrs. Aruna W/o Narayan Puri,
aged about 38 years,Occ-household,
7) Mr.Narayan S/o Omkar Puri,
Aged about 34 years,Occ-Service,
Non-applicant nos. 6 and 7 are
R/o Siddharth High School,Salod
Tahsil-Nandgaon(Khandeshwar)
District-Amravati. ...NON-APPLICANTS
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Shri R.R.Vyas, Advocate for the applicant.
Shri G.G.Saoji, Advocate for non-applicant nos. 1 and 2.
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CORAM:- V. M. DESHPANDE, J.
DATED :- AUGUST 28,2017
ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally
by consent of learned counsels for the parties.
2] This criminal application arises out of order passed by
learned Judicial Magistrate First Class,Katol on 30/9/2015 in
Criminal Misc. Application No.107/2014, by which learned
Magistrate partly allowed the interim maintenance application and
granted maintenance of Rs. 20,000/- per month to non-applicant
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no.1-wife and Rs. 10,000/- per month to non-applicant no.2-
daughter. The said order was assailed by the present applicant by
filing the statutory appeal before the learned Appellate Court vide
Criminal Appeal No.278/2015. The learned Additional Sessions
Judge-4,Nagpur vide order dated 28/4/2016 dismissed the appeal
giving rise to the present proceeding.
3] On 08/07/2016, this Court directed that the applicant
shall pay Rs. 10,000/- per month towards maintenance for both
the non-applicant nos. 1 and 2. According to learned counsel for
the applicant, the applicant has strictly followed the directions
given by this Court and is regularly paying Rs. 10,000/- per
month. The said statement is not disputed by the learned counsel
for the contesting non-applicant nos. 1 and 2.
4] After hearing both the learned counsels, with their
consent following order is passed.
ORDER
I) The order passed by learned Judicial Magistrate First
Class, Katol and confirmed by learned Additional
Sessions Judge-4,Nagpur is hereby set aside to the
extent of fixing quantum of maintenance amount.
II) Instead of making payment of Rs. 30,000/- per month
in total towards maintenance amount to the non-
applicant nos. 1 and 2 the applicant shall pay Rs.
15,000/- per month by way of maintenance for both
the non-applicant nos. 1 and 2 from 01/07/2014 and
shall continue to pay the said amount regularly.
III) The said amount of Rs. 15,000/- per month shall be
paid on or before 15th of each month.
IV) The applicant shall clear all the arrears by calculating
difference of Rs. 15,000/- on 01/07/2014 till the date
within a period of four weeks.
V) The non-applicant nos. 1 and 2 will be entitled to
withdraw the said amount immediately.
VI) The learned Judicial Magistrate First Class,Katol is
directed to decide Criminal Misc.Application
No.107/2014, pending on his file within a period of six
months from the receipt of order of this Court.
Rule is made absolute in above terms.
JUDGE
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