Bombay High Court
Shamal S/O. Ashokrao Ardak vs Sou. Jyoti Shamal Ardak on 30 March, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO.4070 OF 2015
Shamal s/o Ashokrao Ardak,
Aged about 30 years,
Occ: Private Service,
R/ Sham Nagar, Galli No.2,
Amravati, Tah. & Dist. Amravati. ....... PETITIONER
...V E R S U S...
Sou. Jyoti Shmal Ardak,
Aged about 38 years,
Occ: Household, R/o Flat No.104,
Aakash 1, Rachna Construction,
Sanket Colony, Tapowan,
Tah. & Dist. Amravati. ....... RESPONDENT
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Shri S.J. Kadu, Advocate for Petitioner.
Shri A.R. Fuley, Advocate holding for Mrs. R.S. Sirpurkar,
Advocate for Respondent.
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CORAM: R.K. DESHPANDE, J.
th MARCH, 2017.
DATE: 30
ORAL JUDGMENT
1] Rule, made returnable forthwith. Heard finally by
consent of the learned counsels appearing for the parties.
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2] In Criminal Appeal No.76 of 2013 the District
Court/Additional Sessions Judge, Amravati passed an order on
31.12.2013, an operating part of which, is reproduced below:
1/- Appeal is partly allowed.
2/ The clause Nos.3 and 5 of operative order passed
below Exhs.8, 6-A & 7-A in Misc. Criminal Case
No.7/2013, dated 21.03.2013 by learned J.M.F.C.
(Court No.2), Amravati is hereby set aside and rest of
the operative order is confirmed.
The order is modified by following directions.
3/ Appellate Shamal is directed to pay interim
maintenance of Rs.3,000/- per month from the date of
filing of application i.e. 02.03.2013 which includes
amount of Rs.1,500/- granted by Family Court,
Amravati vide order dated 05.102.103 in Interim
Maintenance Misc. application below Exh.18 filed in
Petition No.A-74/2012.
4/ The appellant Shamal is further directed to pay
medical expenses to the respondent on actual
production of medical bills and receipts from the date
of filing of application.
5/- The appellant further directed to pay Rs.2,000/-
per month as a rent for the residence of respondent
from the date of passing of order by the learned
J.M.F.C. (Court No.2), Amravati or provide one room
along with latrine and bath room facilities to the
respondent Jyoti.
6/- Appeal is accordingly disposed off with the above
referred directions and modification.
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It is not in dispute that the aforesaid order has not
been challenged by any of the parties and its implementation is
required to be seen. It is for non-compliance of this order that the
defence of the petitioner has been struck off by an order dated
20.04.2015 in H.M.P. No.74 of 2012.
3] Shri Kadu, the learned counsel appearing for the
petitioner submits that monthly maintenance at the rate of
Rs.3000/- has been paid from 02.03.2013 and there are no dues
outstanding. He further submits that monthly rent at the rate of
Rs.2000/- has also been paid, and there are no arrears in respect
of it. These facts are disputed by Shri Fuley, the learned counsel
appearing for the respondent.
4] The liability in respect of payment of the amount as
per the order dated 31.12.2013, is not in dispute. The Family
Court at Amravati shall therefore, calculate the amount of arrears
of maintenance at the rate of Rs.3000/- from 02.03.2013 till this
date. Similarly, an amount of rent at the rate of Rs.2000/- per
month from 02.03.2013, till this date shall also be calculated. If it
is found that the petitioner has deposited any amount in the Court
towards both these items, the same shall be taken into
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consideration and the balance, if any, shall become payable by the
petitioner.
5] Shri Kadu, the learned counsel for the petitioner
submits that if any such balance is found due, payable and
outstanding the same shall be deposited in the Family Court
within a period of six weeks from the date of such determination.
He also submits that the petitioner shall continue to pay the
amount at the rate of Rs.3000/- per month towards monthly
maintenance and an amount of Rs.2000/- per month towards rent
from this date, during the pendency of the petition before the
Family Court. He submits that such payment shall be deposited on
or before 10th of every month. This monthly regular deposit shall
be apart from the payment of arrears for which the period of six
weeks has already been granted.
6] In view of above, the impugned order dated
20.04.2015 passed below Exhibit 43 by the Family Court striking
out the defence of the petitioner, is hereby quashed and set aside
and the defence of the petitioner is restored. No order as to costs.
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7] If there is failure on the part of the petitioner to
deposit the arrears within a period of six months, the Family Court
shall treat that the order dated 20.04.2015 passed below Exhibit
43 shall stand as it is.
JUDGE
NSN
