Tauheed Gulrej S/O. Waheedoddin ... vs Ayesha Fatema W/O. Tauheed Gulrej ...
2023 Latest Caselaw 788 Bom

                                        1            68-Cri.Rev.Appln.256-19.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

           CRIMINAL REVISION APPLICATION NO.256 OF 2019

     Tauheed Gulrej S/o Waheedodin Soudagar,
     Age : 41 years, Occu. Service,
     R/o Waheed Residency, Noor Colony,
     Thodga Road, Ahmedpur, Tq. Ahmedpur,
     District Latur.
     At present R/o Jeddah (K.S.A.)          ... Applicant.

             Versus

     Ayesha Fatema W/o Tauheed Gulrej Saudagar,
     Age 24 years, Occu. Household,
     R/o Waheed Residency, Noor Colony,
     Thodga Road, Ahmedpur,
     At present R/o Arab Galli, Near Darbar Masjid,
     Nanded, Tq. and District. Nanded.         ... Respondent.

                                     ...
       Advocate for Applicant-Petitioner : Mr. Pathan Hamzakhan I.
         Advocate for Respondent : Mr. Shaikh Wajeed Ahmed.
                                     ...

                               CORAM :      S. G. MEHARE, J.
                               DATE :       23.01.2023

     ORAL JUDGMENT :-


     1.      Rule. Rule made returnable forthwith and heard finally

     by consent of the parties.


     2.      The applicant has a case that when the notice was

     served, he was serving in Saudi Arebia. Hence, he could not

     attend the Court and put his defence. There appears substance

     in his submissions. It appears that the applicant has good




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                                                  2              68-Cri.Rev.Appln.256-19.odt




     ground for the relief as prayed. However, he has a sufficient

     source of income to pay the maintenance. Therefore, leave

     may be granted to him to contest the petition on merit on

     certain conditions. Hence, the following order :


                                       ORDER

(i) The Criminal Revision Application is allowed.

(ii) The Impugned order of learned Judge, Family

Court, Nanded, dated 22.07.2019 passed in E-99

of 2017 is quashed and set aside on the condition

that the applicant should pay the interim

maintenance of Rs.4,000/- per month from

28.08.2017 and clear the arrears @ Rs.4,000/- per

month within one (1) month from the date of

appearance before Trial Court and continue to pay

the same amount till the conclusion of the

application on merit.

(iii) The case is remanded back to the learned Judge,

Family Court, Nanded on the above terms.

(iv) The applicant be allowed to file his written

statement. After filing of written statement, the

case be disposed of within six (6) months.

3 68-Cri.Rev.Appln.256-19.odt

(v) The amount already deposited may be adjusted.

(vi) The parties to appear before the Family Court at

Nanded on 07.02.2023.

(vii) Rule made absolute.

(S. G. MEHARE, J.)

...

vmk/-