Manojkumar S/O Baniprasad ... vs Saroj W/O Manojkumar Morraiya And ...
2022 Latest Caselaw 5554 Bom

                                                         1                 26.APPR.155-22 WITH REVN.109-22.odt




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

           CRIMINAL APPLICATION (APPR) NO. 155 OF 2022
                              WITH
       CRIMINAL REVISION APPLICATION (REVN) NO. 109 OF 2022
                         ( Manojkumar S/o Baniprasad Morraiya
                                         Vs.
                         Saroj W/o Manojkumar Morraiya & Ors. )

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


                                  Mr. S.S. Bhalerao, Advocate for the Applicant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 17th JUNE, 2022.

CRIMINAL APPLICATION (APPR) NO. 155 OF 2022

The application seeks to amend the memo of revision by raising an addition ground, considering that the notices have not been issued, the application is allowed. The amendment be carried out today itself.

CRIMINAL REVISION APPLICATION (REVN) NO. 109 OF 2022

As regards, the Criminal Revision, Mr. Bhalerao, learned counsel for the applicant does not press the same, insofar as the challenge to the judgment dated 17.12.2021 in Cri.M.A. No. 5/2016 and Cri.M.A. No. 62/2017 is concerned.

2. The only grievance raised by Mr. Bhalerao, 2 26.APPR.155-22 WITH REVN.109-22.odt

learned counsel for the applicant, is regarding the judgment dated 15.04.2009 (which has been challenged by way of an amendment) which grants maintenance to the daughter Ku. Rupali Manojkumar Morraiya at the rate of Rs. 700/- per month, which continued to be paid till the retirement of the applicant in 2021 by recovery from the salary of the applicant. It is contended, that since Rupali, got married on 14.02.2013, the question of payment of maintenance to her on that day onwards did not arise and the deduction from the salary of the applicant on account of maintenance payable to Rupali shall have to be adjusted as against the maintenance payable to the non-applicants.

3. Issue notice to the non-applicants limited to the above extent for final disposal, returnable on 30.06.2022, by which time, the learned counsel for the appellant, undertakes to serve the non-applicants by all modes which are permissible in law including Email and What's App.

4. Hamdast is granted.

JUDGE SD. Bhimte

Digitally Signed By :SHRIKANT DAMODHAR BHIMTE Signing Date:17.06.2022