Bombay High Court
Punit Kashinath Kulat vs Sau. Deepali W/O. Punit Kulat on 12 July, 2017
Bench: V.M. Deshpande
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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
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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
