Bombay High Court
Arun Nagorao Pawar vs Durga Arun Pawar And 2 Others on 20 July, 2022
Bench: V. G. Joshi
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 241/2022
Arun Nagorao Pawar,
aged about 38 years, Occ. Service,
R/o. Madhav Nagar, Nemade Wada,
Shegaon Road, Telhara, Dist. Akola.
... PETITIONER
VERSUS
1. Sau. Durga Arun Pawar, aged
about 33 years, Occ. Household,
2. Arnav Arun Pawar, aged about 2
years, Occ. Nil,
respondent Nos. 2 is minor
through his natural guardian
mother i.e. respondent No. 1.
R/o. C/o. Ashok Narayan
Solanke, Anjangaon Road, Akot,
Tq. Akot, Dist. Akola.
3. State of Maharashtra through
AGP Akot.
... RESPONDENTS
_____________________________________________________________
Mr. Rahul Kurekar, Advocate for petitioner.
Mr. A. B. Mirza, Advocate for respondent Nos. 1 & 2.
Mr. S. M. Ukey, A.P.P. for respondent No.3/State.
______________________________________________________________
2
CORAM : VINAY JOSHI, J.
DATE OF JUDGMENT : 20.07.2022.
ORAL JUDGMENT :
RULE. Rule is made returnable forthwith.
2. Heard finally by consent of respective parties.
3. The petitioner/husband has challenged the order dated
19th March, 2022 passed by the Additional Sessions Judge of vacating
the stay. The respondent No.1/wife has applied for grant of
maintenance in the proceeding filed under the provisions of Protection
of Women from the Domestic Violence Act, 2005 ('D. V. Act'). The
learned Magistrate has granted maintenance @ Rs. 7,000/- for wife
and children. Being aggrieved, the petitioner/husband filed criminal
appeal No. 2/2022, in which he also applied for grant of stay, which
was granted ex-parte vide order dated 7 th January, 2022. The
respondent No.1/wife applied to the Appellate Court for vacating stay.
It was vacated ex-parte.
4. In-fact, while considering the aspect of grant to interim stay,
the Appellate Court should have considered the purport of grant of
maintenance and passed the suitable orders, probably conditional one.
Anyhow, the impugned order about vacating stay is ex-parte and has
not considered the case on prima facie basis. In pursuance of order
passed in this petition, the petitioner/husband has already deposited
Rs. 1,25,000/- in the Trial Court. In the circumstances, it is desirable
that the Appellate Court should consider the aspect of grant of stay on
its own merits after hearing both sides. In view of that, petition stands
allowed.
5. The impugned order vacating stay dated 19 th March, 2022
passed at Exh.11 and earlier order of 7th January, 2022 of grant of stay
are set aside. The Appellate Court shall hear stay application at Exh. 7
afresh and after hearing both sides, shall pass suitable orders in
accordance with law. Respondent No.1/wife shall file her reply to the
stay application on the next date of the proceeding. It is made clear
that if the respondents remain absent for hearing Exh. 7, the Appellate
Court is at liberty to pass appropriate orders in accordance with law.
6. Petition stands disposed of in above terms.
(VINAY JOSHI, J.)
Gohane
Digitally
signed by
JITENDRA
JITENDRA BHARAT
BHARAT GOHANE
GOHANE Date:
2022.07.21
12:38:19
+0530
