Amrinder Darshan Singh vs Rowena Amrinder Singh
2021 Latest Caselaw 459 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH : NAGPUR

              CRIMINAL REVISION APPLICATION NO. 116 OF 2020

                                Mr. Amrinder Darshan Singh
                                            vs.
                                Mrs. Rowena Amrinder Singh
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Office Notes, Office Memorandum of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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Mr. C. B. Dharmadhikari, counsel for applicant.

CORAM : MANISH PITALE J.

DATED : 08/01/2021

Heard learned counsel for the applicant.

2. The applicant is aggrieved by an order passed by the Judicial Magistrate First Class, Chandrapur and the Court of Additional Sessions Judge, Chandrapur, whereby he has been directed to pay monthly maintenance of Rs.5000/- per month to the daughter and Rs.5000/- per month to the respondent No.1, while additionally the applicant has been directed to pay Rs.5000/- to the respondent No.1 towards medical expenses and it is specifically directed that such amount will be paid from the date of the application moved before the Magistrate under the provisions of the Protection of Women from Domestic Violence Act, 2005. The learned counsel for the applicant at the outset submitted that the applicant is not challenging the

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amount of monthly maintenance directed to be paid to the daughter. The applicant is aggrieved only by the direction in the impugned orders to pay total amount of Rs.10,000/- to the respondent wife.

3. Attention of this Court was invited to certain documents to indicate that the respondent is working at Chandrapur and it is not as if she is depending only on her parents. It is further pointed out that the respondent is well qualified, holding a masters degree in law and that therefore, the directions given in the impugned orders pertaining to the respondent wife are unsustainable.

4. Issue notice returnable in six weeks.

5. In the meanwhile, there shall be ad-interim stay of the impugned order dated 03/07/2019 passed by the Judicial Magistrate First Class, Chandrapur subject to the applicant paying an amount of Rs.5000/- per month to the respondent No.1 from the date of the order i.e. 03/07/2019.

6. As per the specific submission made on behalf of the applicant, it is clarified that the aforesaid interim order will not mean that there is any stay to the grant of amount of monthly maintenance to the daughter.

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7. The learned counsel for the applicant has invited attention of this Court to a recent judgment of the Hon'ble Supreme Court in the case of Rajnesh vs. Neha and others, (Judgment and Order dated 04/11/2020 passed in Criminal Appeal No. 730 of 2020), particularly the directions given in the said judgment of the Hon'ble Supreme Court. The learned counsel for the applicant requests that the Court below ought to be directed to proceed in the pending proceeding, in terms of the directions given by the Hon'ble Supreme Court. As the said judgment of the Hon'ble Supreme Court gives elaborate directions for conduct of proceedings like the proceeding pending in the Court below, the said Court shall proceed in terms of the directions given in the said judgment.

JUDGE KOLHE/P.A.