Raghunath Shivaji Lohare vs Priyanka Raghunath Lohare And ...
2023 Latest Caselaw 8331 Bom

                                     1                          50-CrAn-2820-23.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.2820 OF 2023
                          IN REVNST/7672/2023

                      RAGHUNATH SHIVAJI LOHARE
                                 VERSUS
               PRIYANKA RAGHUNATH LOHARE AND ANOTHER
                                     ...
                 Advocate for Applicant : Mr. Amar V. Lavte
                                     ...

                                         CORAM :        S. G. MEHARE, J.

                                         DATE       : 17-08-2023

PER COURT :-

1. Heard the learned learned counsel for the applicant.

2. Issue notice to the respondents, returnable on 06.09.2023.

3. The applicant seeks stay to the execution of the impugned

judgment and order passed by the learned Family Court Judge,

Jalgaon, in Petition No.E-313 of 2019 dated 09.02.2023, granting

maintenance to the respondents.

4. The learned counsel for the applicant would submit that the

applicant was getting honorarium Rs.1700/- per month. The

honorariumship was placed before the Family Court, but it was not

properly appreciated. Considering the source of income, the

quantum of maintenance is exorbitant. The applicant is in arrears

of Rs.2,60,000/- out of which he has deposited the amount of

Rs.26,000/-.

2 50-CrAn-2820-23.odt

5. Perused the impugned judgment and order.

6. Admittedly, the respondents were having no source of

income. Prima facie it appears that the applicant refused and

neglected to maintain the respondents. However, considering the

submissions of the learned counsel for the applicant, the following

order is passed.

i) The execution, implementation, effect and operation of the

order of the learned Judge, Family Court, Jalgaon, passed in

petition No. E-313 of 2019, dated 09.02.2023, has been

stayed till appearance of the respondents on the condition

that he shall clear the arrears of maintenance of

Rs.1,17,000/- (Rs.One Lakh Seventeen Thousand Only) within

four weeks from today and continue to pay maintenance of

Rs.3000/- (Rs.Three Thousand) per month to both

respondents, till further orders.

ii) The above amount shall be deposited with the Family Court,

Jalgaon.

iii)    Call R & P.

iv)     List the revision application on 06.09.2023.




                                              ( S. G. MEHARE )
                                                      JUDGE

rrd