Parveen W/O Hamidulla Khan And 2 ... vs Hamidulla Khan S/O Gulab Khan
2022 Latest Caselaw 512 Bom

                                                         1                                4.APPR. 3-2021.odt




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

                  CRIMINAL APPLICATION (APPR) NO. 3 OF 2021

                                                    WITH

                CRIMINAL REVISION APPLICATION NO.                                   OF 2022.
                      ( Mrs. Parveen W/o Hamidulla Khan & Ors.
                                         Vs.
                         Mr. Hamidulla Khan S/o Gulab Khan )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. M.A. Qureshi, Advocate for the Applicants.
                                  Mr. N.P. Pathan, Advocate for the Non-Applicant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 14th JANUARY, 2022.

Heard Mr. Quershi, learned counsel for the applicants and Mr. Pathan, learned counsel for the non-applicant.

2. The Application seeks to condone the delay of 197 days in filing the revision. Though, the application is opposed by Mr. Pathan, learned counsel for the non-applicant, considering the reason given which is the Covid-19 pandemic and the quantum of delay, the same is condoned. The application is allowed. The Office to register the Revision.

                   2                         4.APPR. 3-2021.odt


CRIMINAL REVISION APPLICATION NO.               /2022.

On the merits of the revision, Mr. Qureshi, learned counsel for the applicants submits, that the impugned order dated 07.02.2020 passed by the learned Family Court No.2, Nagpur, which grants maintenance of Rs. 3,000/- (Rs. Three Thousand Only) per month to the wife and Rs. 1,500/-(Rs. One Thousand Five Hundred Only) each to two children, is very meager, and therefore, the same needs to be enhanced. He submits, that the non-applicant, is earning sumptuously and his income is more than 50,000/-(Rs. Fifty Thousand Only) per month, as he is working as a property dealer, and therefore, the maintenance of Rs 25,000/- (Rs. Twenty Five Thousand Only) per month for the applicants, ought to have been granted. He further submits, that one of the son has taken admission in the Government Polytechnic and his fees is nearly Rs. 31,000/-(Rs. Thirty One Thousand Only).

2. On a question being put to the learned counsel for the non-applicant, to demonstrate the income of the non-applicant, it is stated, that there is no document or material available, as it is very difficult to procure the same. In my considered opinion, this position, was also prevailing before the learned Family Court No.2, Nagpur, while passing the impugned judgment and after considering the same, the learned Family Court No.2, Nagpur, has granted maintenance of Rs. 6,000/- (Rs. Six Thousand Only) to the applicants. As nothing has been placed on record to indicate otherwise 3 4.APPR. 3-2021.odt

regarding the income of the non-applicant, I do not see any material available, on record, to arrive at a conclusion, that the income was much more than what was considered by the learned Family Court No.2, Nagpur, so as to enhance the maintenance granted, considering which, I do not see any merit in the revision, the same is dismissed.

3. Needless to say, that it would be open for the applicants, to file appropriate proceedings before the learned Family Court, Nagpur, seeking educational expenses of the children separately.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:15.01.2022 14:42