Mohammed Ali Hasham Manekia vs Saeeda Adam Kaladia And Anr
2022 Latest Caselaw 2708 Bom

         Digitally
         signed by
         SHAGUFTA
SHAGUFTA Q PATHAN
Q PATHAN Date:                                                            28-REVN-125-2022.doc
         2022.03.23
         17:37:40
         +0530

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                            CRIMINAL REVISION APPLICATION NO. 125 OF 2022


                  Mohammed Ali Hasham Manekia                        ...Applicant
                      Versus
                  Saeeda Adam Kaladia & Anr.                         ...Respondents


                  Mr. Mohd. Ahmed a/w Mr. Sufian Qureshi for the Applicant

                  None for the Respondent No. 1

                  Ms. Anamika Malhotra, A.P.P for the Respondent No.2-State


                                            CORAM : REVATI MOHITE DERE, J.

MONDAY, 21st MARCH 2022

P.C. :

                  1            Heard learned counsel for the applicant.



                  2            By this revision application, the applicant has impugned the

judgment and order dated 11th November 2021 passed by the learned

Additional Sessions Judge, City Civil and Sessions Court, Greater Mumbai,

below Criminal Appeal No. 677/2018, by which the learned Sessions Judge

SQ Pathan 1/5 28-REVN-125-2022.doc

partly allowed the appeal filed by the respondent-wife and set-aside the

judgment and order dated 11th September 2018 passed by the learned

Metropolitan Magistrate, 69th Court, Mazgaon, Mumbai, in C.C. No.

825/MISC/2011 and directed the applicant to pay maintenance of

Rs.7,000/- per month to the respondent-wife from 18th October 2011. In

addition, the applicant was directed to pay the respondent-wife

compensation of Rs.50,000/- deposited by the applicant, in compliance with

the interim order passed by the learned Metropolitan Magistrate, after

adjusting the same in the maintenance and rent amount.

3 Learned counsel for the applicant submits that earlier the

learned Magistrate had directed the applicant to pay interim maintenance of

Rs. 5,000/- per month. He states that the applicant was diligently paying the

said amount of Rs. 5,000/- per month to the respondent-wife directly,

pursuant to the said interim order passed by the learned Magistrate. He

further submits that the respondent-wife's complaint seeking maintenance

and other reliefs was rejected finally vide judgment and order dated 11 th

September 2018. He further submits that being aggrieved with the rejection

of the said respondent's complaint under the Domestic Violence Act, the

SQ Pathan 2/5 28-REVN-125-2022.doc

respondent-wife filed an appeal in the Sessions Court and the learned

Sessions Judge partly allowed the said appeal and directed the applicant to

pay Rs. 7,000/- per month towards maintenance from 18 th October 2011,

Rs. 5,000/- per month towards rent for alternate accommodation.

4 Learned counsel for the applicant submits that the direction to

pay maintenance from 2011 was unjustified and uncalled for as well as

direction to pay rent of Rs. 5,000/- per month was also uncalled for.

Learned counsel, on instructions of the applicant, submits that the applicant

is aged 62 years and has retired from service. Learned counsel for the

applicant, however, on instructions of the applicant, states that the

applicant, without prejudice, will pay a sum of Rs. 7,000/- per month to the

respondent-wife from the date of the impugned order i.e. 11 th November

2021 until further orders. Statement accepted.

5 The question of rental compensation whether the same is to be

paid from 2011 or from the date of the order i.e. 11 th November 2021, will

be considered on the next date.

SQ Pathan                                                                             3/5
                                                                      28-REVN-125-2022.doc




            6             As far as clause 5 of the impugned order dated 11 th November

2021 is concerned, the applicant to transfer the said amount by NEFT/

RTGS directly into the account of the respondent-wife within four weeks

from today.

7 Issue notice to the respondents, returnable on 25 th April 2022.

Learned A.P.P waives notice on behalf of the respondent No.2-State. In

addition to Court notice, applicant to serve the respondent No.2 by

Advocate's notice and file an affidavit of service before the returnable date.

8 Learned counsel for the applicant to supply spare copy in the

Registry within one week from today, to enable the Registry to issue notice

to the respondent No. 1. If spare copy is not supplied in the stipulated time,

the application shall stand dismissed for non-prosecution, without further

reference to the Court.

9 Accordingly, the applicant to pay maintenance of Rs. 7,000/-

per month by NEFT/RTGS directly to the respondent-wife from 11 th

SQ Pathan 4/5 28-REVN-125-2022.doc

November 2021, until further orders. The applicant to also pay Rs. 50,000/-

to the respondent-wife directly.

10 The direction to pay Rs. 5,000/-, is stayed till the next date.

The distress warrant, if issued, is stayed till the next date.

            11           Stand over to 25th April 2022.




            12           All concerned to act on the authenticated copy of this order




                                                     REVATI MOHITE DERE, J.




SQ Pathan                                                                               5/5