Bombay High Court
Rupesh S/O. Krushnarao Thombre ... vs Vaishali W/O. Rupesh Thombre And ... on 18 August, 2021
Bench: Manish Pitale
1 apl 795-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
Criminal Application (APL) No. 795 of 2021
Rupesh Thombare and Others Vs. Vaishali Thombare and Another
------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
-------------------------------------------------------------------------------------------
Mr. S.S. Shingane, Advocate for the applicants
Mr. R.S. Giripunje, Advocate for the respondents
CORAM : MANISH PITALE, J.
DATED : AUGUST 18, 2021
This is an application filed on behalf of the
husband and relatives of the respondent No.1, who is
wife of the applicant No.1. The applicants are
aggrieved by the judgment and order dated
18/06/2019, passed by the Sessions Court at
Wardha, directing that the applicant No.1 shall pay
amount of Rs.3000/- per month each to the
respondents No.1 and 2 towards maintenance. The
proceedings arise out of an application filed by the
respondents under the provisions of the Protection of
Women from Domestic Violence Act, 2005. The
respondents in this application have already
approached this Court by filing Writ Petition No. 372
of 2021, being aggrieved by the appeal of the
applicants herein being partly allowed by the
Sessions Court, whereby the quantum of maintenance
has been reduced drastically and the direction to pay
compensation has been set aside.
2 apl 795-2021.odt
2. The learned counsel for the applicants
contends that the Sessions Court committed an error
in only partly allowing the appeal for the reason that
there are observations about the disputes between
the applicant No.1 and respondent No.1 being petty
quarrels and yet, the order of maintenance has been
maintained with only reduction of quantum of
maintenance.
3. It is an admitted position that the
applicant No.1 was obliged to pay an amount of
Rs.3000/- per month to the respondents herein from
the date of the application filed before the Magistrate
i.e. 09/10/2015. The learned counsel for the
applicants fairly submits that after deducting certain
amount paid to the respondents, as on today upto
July, 2021, the applicant No.1 is in arrears of
Rs.4,14,000/-.
4. In view of the above, issue notice for final
disposal, returnable on 20th September, 2021.
5. Mr. R.S. Giripunje, learned counsel waives
notice on behalf of respondents.
6. Tag with Criminal Writ Petition
No.372/2021.
7. Issuance of notice in this application is
subject to the applicant No.1 depositing an amount of
3 apl 795-2021.odt
Rs.2,00,000/- in this Court on or before 15 th
September 2021. Upon such deposit of the amount,
the respondents shall be entitled to withdraw the
same.
8. It is made clear that if the applicant No.1
fails to deposit the said amount within the stipulated
period of time, the application shall stand dismissed
without further reference to the Court.
9. Subject to deposit of the said amount
within the stipulated period of time and the applicant
No.1 paying amount of Rs.6000/- per month to the
respondents from August 2021 onwards, there shall
be interim relief in terms of prayer clause 'IV'.
10. The parties are at liberty to explore the
possibility of settlement.
JUDGE
MP Deshpande
