Ajit Parshram Jadhav vs Sanjivani Ajit Jadhav (Real Name ...
2022 Latest Caselaw 12522 Bom

                                                                        48-crwp3668-2022.doc


                      AGK

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CRIMINAL APPELLATE JURISDICTION

                                     WRIT PETITION NO.3668 OF 2022


         Digitally
         signed by
         ATUL
                      Ajit Parshram Jadhav                        ... Petitioner
ATUL
GANESH
         GANESH
         KULKARNI
KULKARNI Date:
         2022.12.03
                                  V/s.
                      Sanjivani Ajit Jadhav (real name
         10:20:24
         +0530




                      Sanjivani S. Wale) & Ors.                   ... Respondents


                      Mr. Yuvraj Narvankar for the petitioner.
                      Mr. Dnyaneshwar Patil i/by Mr. Aditya Rakhade for
                      respondent nos.1 and 2.
                      Mr. A.R. Patil, APP for the State.



                                                  CORAM : AMIT BORKAR, J.

                                                  DATED        : DECEMBER 2, 2022
                      P.C.:

1. The order impugned in this petition is dated 12 th July 2022 rejecting application under section 340 of the Criminal Procedure Code. While referring to the affidavit as contemplated by the judgment of the Apex Court in Rajnesh v. Neha reported in (2021) 2 SCC 324, he invited my attention to the reply affidavit filed by the petitioner to the application for maintenance, and in particular paragraph 16.

2. Therefore, instead of granting stay to the adjudication of interim maintenance, it would be in the interest of justice that the learned Family Court shall take into consideration the averments

48-crwp3668-2022.doc

made in paragraph 16 and if it is found that the averments are correct, appropriate order of maintenance shall be passed in accordance with law.

3. Learned advocate for the wife seeks time to file reply- affidavit.

4. Stand over to 25th January 2023.

(AMIT BORKAR, J.)