Riyaz Sujauddin Shaikh vs Rubina Riyaz Shaikh And Another
2023 Latest Caselaw 3907 Bom

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH
                       AT AURANGABAD

          967 CRIMINAL REVISION APPLICATION NO.125 OF 2023
               WITH APPLN/1452/2023 IN REVN/125/2023

                         RIYAZ SUJAUDDIN SHAIKH
                                  VERSUS
                     RUBINA RIYAZ SHAIKH AND ANOTHER

                                      ...
               Advocate for Applicant : Mr. Deshmukh Mohit R.
                                      ...

                                      CORAM :   S. G. MEHARE, J.
                                      DATE :    19.04.2023
     PER COURT :-

     1.      Heard the learned counsel for the applicant.

     2.      Issue      notice   to    the   respondent,     returnable        on

     26.06.2023.


     3. In Criminal Application No.1452 of 2023, the applicant has

     impugned the ex-parte order of maintenance passed by the

     learned Judge, Family Court Latur in Petition No.E-195 of

     2021, dated 27.01.2023.


     4.      Learned counsel for the applicant would argue that the

     matter was referred to the mediation, but it was unsuccessful.

     Thereafter, there was a communication gap between him and

     his lawyer. Therefore, the matter was proceeded ex-parte. The




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      learned Judge considered his 7/12 extract, which was not

     standing in his or his family's name. The applicant assist his

     father in his scrap business and has a small income. Therefore,

     the quantum determined @ 15,000/- per month for both

     respondents is exaggerated and disproportionate.                 Since the

     order is ex-parte and apparently erroneous, it may be stayed.


     5.      Perused the impugned judgment and order. It was

     proceeded ex-parte.         However, considering the facts of the

     case, it seems that the applicant has a good case for ex-parte

     interim stay. Hence, the following order :

                                       ORDER

(i) The execution, implementation and effect of the impugned judgment and order of the learned Judge, Family Court, Latur in Petition No.E-195 of 2021, dated 27.01.2023 is stayed till the appearance of the respondent, on the condition that he shall clear the arrears of the maintenance as per the impugned judgment and order @ Rs.7,000/- per month and continue to pay Rs.7,000/- per month till the further orders.

(S. G. MEHARE, J.) ...

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