Bombay High Court
Shri. Gajanan Vithalrao Thakre vs Sau. Priyadarshani W/O. Gajanan ... on 15 January, 2018
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 31 OF 2017
APPLICANT : Gajanan Vithalrao Thakre,
Aged 38 years, Occu. Service,
R/o Bhugaon, Taq. Achalpur,
Dist. Amravati.
VERSUS
NON-APPLICANT : Sau. Priyadarshani W/o Gajanan Thakre,
Aged about 31 years, Occu. Service,
R/o C/o Namdeorao Annaji Zod,
Saraswati Nagar, Kandli, Paratwada,
Taq. Achalpur, Dist. Amravati.
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Mr. C. A. Babrekar, Advocate for the applicant.
Mr. R. R. Vyas, Advocate for the non-applicant.
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CORAM : V. M. DESHPANDE, J.
DATE : JANUARY 15, 2018.
ORAL JUDGMENT
Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
2. Heard Shri C.A.Babrekar, the learned counsel for the
applicant and Shri R.R.Vyas, the learned counsel for non-applicant.
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3. The applicant is the husband and the non-applicant is
the wife. Due to matrimonial bickering, application under Section 12
of the Protection of Women from Domestic Violence Act, 2005 was
filed against the present applicant by the non-applicant. The said
application was contested by the present applicant. The learned
Judicial Magistrate, First Class, Achalpur found that the applicant
before him has proved that she was subjected to the domestic
violence and also found that the applicant therein i.e. present non-
applicant, is entitled for maintenance @ Rs.3,000/- per month so
also the compensation to the tune of Rs.25,000/-. Further, the
learned Magistrate, vide judgment dated 25.2.2014 found that the
present non-applicant is entitled to receive rent @ Rs.1,500/- per
month.
4. Feeling aggrieved thereby, two appeals were preferred
before the Sessions Court. The appeal filed by the present non-
applicant/wife was registered as Criminal Appeal No.4/2014,
whereas the appeal filed by the present applicant/husband was
registered as Criminal Appeal No. 91/2016. The learned Appellate
Court dismissed both the appeals. Against dismissal of the appeal,
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the non-applicant/wife did not prefer any revision before this Court,
whereas the present revision is filed by the husband questioning the
order passed by the learned Magistrate together with dismissal of the
appeal.
5. During the course of hearing, Mr. Babrekar, the learned
counsel for the applicant, on instructions from the applicant,
submitted that he is restricting his claim only to the extent of
Rs.1,500/-, which was granted by the learned Magistrate for the rent.
Insofar as maintenance @ Rs.3,000/- per month and Rs.25,000/-
towards compensation, the present applicant has gave up the
challenge. Statement accepted. Thus, the scope of the present
revision is only for payment of rent to the extent of Rs.1,500/- only.
6. It is an admitted position that the present non-applicant
is a qualified lady and as and when her services are required, the
Panchayat Samiti, Dharni engages her services as Teacher and she
gets emoluments. The payment slip shows that the non-applicant
gets sufficient salary from the Panchayat Samiti.
7. Since, the applicant has gave up his claim in respect of
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maintenance and the compensation, looking to the quantum of the
rent and the quantum of the emoluments, the non-applicant is
receiving, in my view, no prejudice would be caused to the non-
applicant, if the judgment and order of the learned Magistrate
together with the order passed by the Appellate Court, are set aside
to the extent of payment of rent @ Rs.1,500/- per month.
Consequently, I pass the following order :
8. The Criminal Revision Application is partly allowed.
(a) The judgment and order passed by the learned
Judicial Magistrate, First Class, Court No.1, Achalpur, dated
25.2.2014 in Misc. Criminal Case No. 193/2013 together with the
judgment and order passed by the learned District Judge-2 and
Additional Sessions Judge, Achalpur, dated 05.1.2017, in Criminal
Appeal No. 91/2016 is hereby confirmed to the extent it directs
payment of maintenance to the tune of Rs.3,000/- per month
together with payment of compensation of Rs.25,000/- to the present
non-applicant.
(b) The judgment and order passed by the learned
Magistrate and by the Appellate Court to the extent of directing the
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present applicant to pay rent @ Rs.1,500/- per month is hereby
quashed and set aside.
Rule accordingly. No costs.
JUDGE
Diwale
