Sau. Noorjahan W/O Salim Geegani vs Mohd. Salim Haji Shakur Geegani
2022 Latest Caselaw 116 Bom

                                                         1                            202.WP.87-2012.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR
                     CRIMINAL WRIT PETITION NO. 87 OF 2012
    ( Sau. Noorjahan W/o Salim Geegani Vs. Mohd. Salim Haji Shakur
                               Geegani )
Office Notes, Office Memoranda                            Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. S.I. Jagirdar, Advocate for the Petitioner.

                                  CORAM:         AVINASH G. GHAROTE, J.

DATED : 4th JANUARY, 2022.

Heard Mr. Jagirdar, learned counsel for the petitioner.

2. The only issue involved is, whether the judgment of the learned Principal District Judge, Buldana, dated 30.11.2011, which maintains the order of maintenance granted by the learned Judicial Magistrate First Class, Mehkar, District Buldana, by his judgment dated 08.08.2011 of Rs. 1,500/- (Rs. One Thousand Five Hundred Only) per month, but sets aside the same in respect of the direction regarding grant of maintenance from the date of application i.e. from 22.03.2000 and directing to be paid from 17.03.2011, is justified. Mr. Jagirdar, learned counsel for the petitioner submits, that such an action was not justified for the reason, that the petitioner was litigating for her rights since 1986, and therefore, she was entitled for maintenance from the date of application. It is an admitted position, that the application for grant of maintenance came to be filed on 22.03.2000, which came to be dismissed by the judgment 2 202.WP.87-2012.odt

dated 29.09.2010, against which Criminal Revision No. 27/2007 was filed, in which the matter was remanded back, whereupon, the same was decided afresh by the learned Judicial Magistrate First Class, Mehkar, District Buldana, who by his judgment dated 08.08.2011, has allowed the same by granting maintenance at the rate of Rs. 1,500/- (Rs. One Thousand Five Hundred Only) per month to the applicant/petitioner from the date of filing of the application. The learned Principal District Judge, Buldana, by the judgment dated 30.11.2011 (para 13) has by considering that the application was dismissed and was restored back by the judgment dated 29.09.2010 in Criminal Revision No. 27/2007, consequent to which, a fresh notice was served upon respondent on 17.03.2011 has granted the maintenance with effect from 17.03.2011 and not from the date of application by modifying the order passed by the learned Judicial Magistrate First Class, Mehkar, District Buldana.

3. The reason of dismissal of the original application for grant of maintenance is not spelt out from the record. The same will have to be considered for deciding the present writ petition, considering which, the learned counsel for the petitioner, is directed to place on record the judgment dated 29.09.2010 passed in Criminal Revision No. 27/2007 on record by 13.01.2022.

4. List the matter on 14.01.2022.

Signed By:SHRIKANT DAMODHAR BHIMTE

JUDGE Signing Date:05.01.2022 14:33

SD. Bhimte