Bombay High Court
Pramod S/O Devrao Bankar vs Bharti D/O Balraj Mandpe(Bharti ... on 12 December, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 114 OF 2022
PRAMOD S/o DEVRAO BANKAR
VERSUS
BHARTI D/o BALRAJ MANDPE (BHARTI W/o PRAMOD BANKAR)
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Tejas Deshpande, Advocate for the applicant
Mr. Y. B. Mandape, Advocate for the non-applicant.
CORAM : G. A. SANAP, J.
DATE : DECEMBER 12, 2022.
1. It is noticed that the proceedings filed by the non-
applicant herein for setting aside the decree of divorce is
pending before the Family Court at Nagpur. The
application made by the applicant/husband in the said
proceeding for dismissal of the same was rejected by the
Family Court. Against that order, the applicant/husband
has filed writ petition bearing No. 4496/2016 and the same
is pending.
2. It is pointed out that on the application of the
applicant/husband, the proceedings initiated by the non-
applicant/wife for setting aside the decree of divorce on the
ground of fraud is stayed.
3. The application made by the non-applicant for grant
of maintenance under Section 125 of the Code of Criminal
Procedure has been allowed by the Family Court vide order
dated 24.01.2022. The applicant/husband is directed to
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pay maintenance @ Rs.2,000/- per month from 17.01.2014.
The applicant/husband has not paid a single pie to the non-
applicant till date. Learned advocate for the non-applicant
submits that he has applied for execution to recover the
amount of maintenance.
4. In view of this position, ADMIT.
5. Learned advocate for the applicant/husband submits
that operation of the impugned judgment and order be
stayed till final hearing and disposal of the petition.
Learned advocate for the non-applicant submits that subject
to deposit of 50% amount of arrears till 31.12.2022 and
regular payment of accruing maintenance every month, stay
may be granted.
6. Learned advocate for the non-applicant submits that
this Court had in the past granted such an indulgence to the
applicant/husband, but he did not make use of it. He did
not deposit the arrears.
7. In my view, the purpose of the non-applicant would
be served if conditional stay is granted.
8. Accordingly, stay to the execution of the judgment
and order, dated 24.01.2022 passed by the learned Judge,
Family Court No.2, Nagpur in Petition No. E-26/2014,
impugned in this revision application, is granted on
following conditions :
a) The applicant/husband shall deposit 50% arrears of
maintenance till 31.12.2022, in terms of the impugned
judgment and order, within one month from today in the
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Family Court, Nagpur.
b) The applicant/husband shall continue to pay accruing
maintenance @ Rs.2,000/- per month on 10th day of each
and every month, starting from January-2023.
c) The non-applicant/wife is at liberty to withdraw the
amount as and when deposited by the applicant/husband by
making an application before the Family Court, Nagpur.
9. Stand over after two months.
JUDGE
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:12.12.2022
17:50
