Nishikant Abhiman Kambale vs Priya Nishikant Kambale
2023 Latest Caselaw 3909 Bom

                                       1            966-Cri.Rev.Appln.92-23.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          966 CRIMINAL REVISION APPLICATION NO.92 OF 2023

                          NISHIKANT ABHIMAN KAMBLE
                                     VERSUS
                            PRIYA NISHIKANT KAMBLE

                                    ...
       Advocate for Applicant : Ms. V. R. Kalyankar h/f Mr. Sushant
                          Baburao Choudhari.
                                    ...

                                      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.       The applicant has impugned the order passed in Petition

     No.E-82 of 2021 by the learned Judge, Family Court, Beed on

     01.03.2023, under Section 125 of the Cr.P.C.


     4.      Learned counsel for the applicant would argue that

     earlier the respondent/wife had filed the proceeding under the

     Domestic Violence Act. The Court granted her maintenance of

     Rs.2,000/- per month. He is paying her the maintenance of

     Rs.2,000/- per month regularly. When the Domestic Violence

     proceeding was filed, he was doing a private job. Now, he is




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                                      2              966-Cri.Rev.Appln.92-23.odt


     jobless.       However, the learned Judge only on the basis of

     having 2 acre of land in the name of the applicant has

     erroneously quantified the maintenance of Rs.7,000/- per

     month.         The quantum is exaggerated and disproportionate.

     Hence, the impugned order may be stayed.


     5.      Perused the impugned judgment and order. Only

     evidence before the Court was that the applicant had two acres

     of land. It appears that parties are from the agricultural family.

     The applicant has a good case for ex-parte interim stay. Hence,

     the following order :

                                     ORDER

(i) The execution, implementation and effect of the order of learned Judge, Family Court, Beed in Petition No.E-82 of 2021, dated 01.03.2023 is stayed till the appearance of the respondent, on the condition that he shall clear the arrears of the maintenance as per the impugned order @ Rs.2,000/- per month and continue to pay Rs.2,000/- till further orders.

(ii) Call Record and Proceedings.

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

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