Sandip Ratan Patil vs Bhagyashree W/O Sandip Patil And ...
2022 Latest Caselaw 11910 Bom

                                                               49-appln-1534-2022.odt
                                      (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.1534 OF 2022
                            IN REVN/147/2022

                        SANDIP RATAN PATIL
                               VERSUS
         BHAGYASHREE W/O SANDIP PATIL AND ANOTHER
                                   ...
           Advocate for Applicants : Mr. Patil Ujwal Subhash
              APP for Respondent/State : Mr. V.M. Kagne
  Advocate for Respondent Nos.1 & 2 : Mr. Anup D. Mane h/f Mr. Amol
                              S. Sawant
                                   ...
                                      CORAM : S.G. MEHARE, J.

                                       DATED : 21st NOVEMBER, 2022

 PER COURT:-

 1.               Heard learned counsel for the applicant and learned

 counsel for the respondents.

 2.               The applicant has preferred this revision against the

 order granting maintenance passed by the learned Judge, Family

 Court, Dhule.

 3.               Learned counsel for the applicant would submit that the

 learned Judge, Family Court did not consider whether the notice was

 properly served or not.        That is the sole ground challenging the

 impugned order and seeking exparte stay.

 4.               Learned counsel for the respondents has vehemently

 argued that the notice was correctly served on the proper address.

 The quantum determined by the learned Judge, Family Court is also




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                                                                       49-appln-1534-2022.odt
                                            (2)


 correct and proper. The applicant was in arrears of Rs.2,50,000/-.

 The non-applicant has to file the execution proceedings and

 thereafter, the applicant approached this Court.                     The impugned

 judgment and order was passed in the year 2021. The applicant did

 not pay a single penny towards the maintenance to the respondents.

 Even today, the maintenance of Rs.2 lacs is in arrears. The applicant

 is not paying the maintenance regularly. Hence, the interim stay may

 not be granted.

 5.               Perused the papers. The learned Judge, Family Court had

 granted Rs.6,000/- per month to the wife and Rs.4,000/- per month

 to the daughter.              The counsel appearing for the applicant did not

 deny that the applicant is in arrears of Rs.2 lacs on date.                       He is

 arguing again and again that an opportunity should be granted to the

 applicant to cross-examine the witnesses. Whether his absence was

 genuine or beyond his control, has to be examined on merit. Till then,

 the applicant cannot absolve from responding to his responsibility to

 maintain his wife and daughter.                  The applicant's counsel would

 submit that the applicant is getting Rs.15,000/- per month. In view of

 the fact, the interim protection may be granted on certain conditions.

 Hence, the following order :

                                         ORDER

 I)       The application is allowed.





                                                                         49-appln-1534-2022.odt



 II)          The impugned order dated 22.09.2021 passed by the learned

Judge, Family Court, Dhule in Petition No.E-66/2020 granting

maintenance to the respondents is stayed till the conclusion of present

petition, on the condition that the applicant shall deposit

Rs.1,50,000/- towards arrears of maintenance in three equal

installments of one month each from today and continue to pay

Rs.4,000/- per month to the respondent-wife and Rs.3,000/- per

month to the daughter.

III) If the applicant would fail to pay the maintenance as directed

above, the stay shall stand automatically vacated.

IV) List the revision application on 16.12.2022. Call record and

proceedings.

(S.G. MEHARE, J.)

Mujaheed//