Kalpana W/O Vinod Nagle And ... vs Vinod S/O Krushnarao Nagle
2023 Latest Caselaw 10 Bom

                                              35 apl 1308.22.odtjud.odt
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     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               NAGPUR BENCH, NAGPUR.

      CRIMINAL APPLICATION (APL) NO.1308 OF 2022

1.         Kalpana w/o Vinod Nagle,
           Aged about 41 years, Occ. Housewife

2.         Ku. Rubi d/o Vinod Nagle
           Aged about 13 Years, Occ. Education
           (minor through guardian applicant No.1)

           Both R/o. C/o Eknath Landge,
           Hanuman Nagar, Morshi
           Tq. Morshi, Dist. Amravati



                                               ... APPLICANTS


                            // VERSUS //

       Vinod s/o Krushnarao Nagle,
       Aged about 49 years, Occ:- Service,
       R/o Swawlambi Nagar, Amravati,
       Tq. & Dist. Amravati
       (Police Station- Gadge Nagar).
                                             ... NON-APPLICANT.


Ms Astha Sharma, Advocate h/f Shri P.R. Agrawal, Advocate for
the applicants.
Shri Rehan Haider, Advocate h/f Shri Rehan Shaikh, Advocate for
the non-applicant.
____________________________________________________
                                             35 apl 1308.22.odtjud.odt
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CORAM : G. A. SANAP, J.

DATE:- 02/01/2023

ORAL JUDGMENT

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of learned Advocates for the parties.

3. The applicants are aggrieved by the order dated

23.02.2022 passed in Criminal Appeal No.88/2020 by the

learned Additional Sessions Judge-2 Amravati, whereby learned

Judge was pleased to set aside the order dated 03/10/2020 passed

below Exh. 7 in PWDV execution (Misc. Criminal Application)

No.17/2018 by the Judicial Magistrate, First Class, Morshi.

4. Learned Judicial Magistrate, First Class vide order

dated 03/10/2020 had directed the Registrar (Finance and

Account Officer) of Sant Gadge Baba Amravati University,

Amravati to deduct a sum of Rs.15,000/- per month from the 35 apl 1308.22.odtjud.odt

salary of the non-applicant.

5. The applicants had made an application under Sections

12, 15, 17, 19, 20 and 22 of the Protection of Women from

Domestic Violence Act, 2005 (for short "D.V. Act"). The said

application was partly allowed. Learned Magistrate inter-alia

directed the non-applicant to pay a sum of Rs.9,000/- p.m. to the

applicant No.1, Rs.4,000/- p.m. to the applicant No.2 towards

maintenance from the date of the application i.e. 17/07/2015 and

Rs.2,000/- p.m. to the applicant No.1 towards the rent for separate

residence. The non-applicant fell in arrears. The applicants

therefore, made an application for the recovery of the arrears and

monthly maintenance from his salary. Learned Magistrate, as

stated above, was pleased to grant the application. Learned

Additional Sessions Judge -2 Amravati set aside the said order on

the ground that Magistrate cannot issue the direction for

attachment of salary in respect of the future maintenance. The

learned Judge, however, held that warrant of attachment of salary

can be issued for the purpose of recovery of the arrears of

maintenance.

35 apl 1308.22.odtjud.odt

6. As far as the legal position is concerned, the same has

been dealt with in the case of Bhagwat Baburao Gaikwad Vs.

Baburao Bhaiyya Gaikwad, 1993 SCC Online Bom.346 . Learned

Judge relying upon this decision did not agree with the order

passed by learned Magistrate. In my view, on merits no

interference is warranted in the impugned order passed by the

learned Additional Sessions Judge.

7. It is to be noted that despite having an order in favour

of the applicants every now and then they are required to knock

the doors of the Court by initiating the execution proceedings.

The arrears, as can be seen from the record, when the order was

passed, were to the tune of Rs.2,74,500/-. It needs to be stated that

the arrears were paid. However, this indicates that despite of the

order granting maintenance having attained the finality, there has

been delay on the part of the non-applicant to comply the said

order. It is to be noted that learned Additional Sessions Judge,

while passing the impugned order, ought to have issued certain

directions to non-applicant and taken care of the hardships and

the difficulties faced by the applicants. It is not out of place to 35 apl 1308.22.odtjud.odt

mention that the non-applicant is Assistant Professor in Sant

Gadge Baba Amravati University, Amravati. In my view, the

grievance made by the applicants needs to be appropriately

redressed.

8. Learned advocate for the applicants submitted that

non-applicant needs to be directed to deposit the arrears within 10

days from the date of receipt of salary and deposit the same

directly by online mode in the account of applicant No.1. Learned

Advocate further, submitted that the non-applicant needs to be

directed to clear the arrears up to 31/12/2022, which are around

Rs.1,05,000/-.

9. Learned Advocate for the non-applicant in all fairness

submits that arrears are around Rs.1,00,000/-. However, he

submits that the parties be directed to file the statement of arrears

before learned Magistrate and on doing so, the non-applicant may

be permitted to deposit the arrears in two installments. First

installment be directed to be paid by the end of 31/01/2023 and

second installment be directed to be paid by 28/02/2023.

35 apl 1308.22.odtjud.odt

10. Accordingly, the applicants and non-applicant are

directed to submit the statement of arrears before the learned

Judicial Magistrate First Class, Morshi on 21/01/2023 in PWDV

execution (Misc. Criminal Application No.17/2018). Learned

Judicial Magistrate First Class, Morshi on the basis of record shall

verify the statements' and accordingly quantify the actual arrears

payable by the non-applicant. The non-applicant after

quantification of the actual arrears shall pay the same in terms of

the above directions.

11. The non-applicant is Assistant Professor. The

applicants, therefore, cannot be made to knock the doors of the

Court every now and then for recovery of the amount. It is to be

noted that on account of repeated breach, the Court can issue

arrest warrant against non-applicant, who is an Assistant Professor.

In my view, that may not augur well for the non-applicant.

12. Therefore, the non-applicant needs to be issued

direction in this regard. The non-applicant shall transfer by RTGS

Mode a sum of Rs.15,000/- per month in the bank account of the 35 apl 1308.22.odtjud.odt

applicant No.1 within 10 days from the date of the receipt of the

salary or on 10th day of each and every month. The applicant

No.1 while submitting the statement of arrears shall provide the

details of her bank account in the Court.

13. The Criminal Application is disposed of, accordingly.

14. This arrangement of payment of accrued maintenance

shall commence from month of January, 2023.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:04.01.2023 11:15