Vijay Jwalaprasad Gaud vs Archana W/O Vijay Gaud And Another
2022 Latest Caselaw 6547 Bom

                                                                       CriAn1685.22etc
                                            (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

             968 CRIMINAL APPLICATION NO. 1685 OF 2O22
          IN CRIMINAL REVISION APPLICATION NO.167 OF 2022
                   WITH CRIMINAL REVN/167/2022

                       VIJAY JWALAPRASAD GAUD
                                VERSUS
                  ARCHANA W/O VIJAY GAUD AND ANOTHER

 Mr C. V. Bhadane, Advocate for applicant

                                           CORAM : S. G. MEHARE, J.

DATE : 12th July, 2022 P.C.

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondents, returnable on 10.08.2022.

3. Call R & P.

4. The applicant/petitioner has impugned the judgment and order

passed by learned Judge, Family Court, Dhule, in Petition No. E-91 of

2018, decided on 21.03.2022, under Section 125 of the Code of

Criminal Procedure. The learned Judge granted monthly

maintenance of Rs.7000/- to the wife and Rs.3000/- to the son.

5. The learned counsel for the petitioner would submit that the

Family Court has also awarded the maintenance of Rs.10,000/- to the

wife and Rs.5000/- to the son in the case under Hindu Adoptions and

Maintenance Act. Two orders are operating against the applicant

granting maintenance. The maintenance granted by the Courts is

CriAn1685.22etc

exorbitant and not in consonance with the income and living standard

of the petitioner. The order passed by the Family Court in a petition

under Section 18 of the Hindu Adoption and Maintenance Act has

also been impugned before this Court in a separate proceeding which

is yet not listed.

6. It appears that the applicant has not paid the maintenance

amount to the respondents as per the orders of the Court. So far as

the impugned order before this Court is concerned, the Court granted

Rs.10,000/- per month in all to the respondents. Considering the

grounds of petition and two consecutive orders of maintenance, the

order impugned before this Court may be stayed conditionally.

Hence, the following order -

i) The execution, implementation and effect of the order granting

maintenance in Petition No. E-91/2018 (Archana Vijay Gaud and

another Vs Vijay Jwalaprasad Gaud) passed by the learned Judge,

Family Court, Dhule, dated 21.03.2022, is stayed till the appearance

of the respondent on the condition that the applicant shall clear the

entire arrears of maintenance as awarded by the learned Judge,

Family Court, Dhule, in the impugned order within six weeks from

today and continue to pay the maintenance of Rs.8000/- per month,

until further orders.

CriAn1685.22etc

ii) It is made clear that, if the applicant would fail to comply with

this order, the stay order shall stand automatically vacated.

(S. G. MEHARE, J.)

amj