Bombay High Court
Pushpanjali Balasaheb Shinde vs Balasaheb Mahadeo Shinde And Anr on 11 July, 2023
Bench: S. V. Kotwal
2023:BHC-AS:19172
Gokhale 1 of 5 15-ia-2281-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2281 OF 2023
IN
CRIMINAL REVISION APPLICATION NO. 67 OF 2023
Pushpanjali Balasaheb Shinde. ..Applicant.
(Original Respondent)
In the matter between:
Balasaheb Mahadeo Shinde ..Applicant
Versus
Pushpanjali Balasaheb Shinde & Anr. ..Respondents
__________
Mr. Amol B. Jagtap for Applicant.
Ms. Anita Yogesh Murgude i/b. Sonali Humane for Respondent
No.1.
Mr. Arfan Sait, APP for State/Respondent No.2.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 11 JULY 2023
PC :
1. This praecipe is moved by learned counsel for the
original revisional applicant Balasaheb Mahadeo Shinde in respect
of Clause No. (iii) of the operative part of the order dated
28/06/2023 passed in Interim Application No.2281 of 2023 in
Criminal Revision Application No.67 of 2023. The original
proceedings are filed by Pushpanjali Shinde under the Protection
2 of 5 15-ia-2281-23
of Women from Domestic Violence Act. Learned Counsel Shri.
Jagtap represents her husband Balasaheb. The matter arises out of
those proceedings pending before the J.M.F.C. Mangalwedha,
District Solapur vide Criminal M.A.No.191 of 2019.
2. Learned Magistrate had passed an interim order in the
main proceedings under the Protection of Women from Domestic
Violence Act. That order was challenged by the husband before the
Additional Sessions Judge, Pandharpur vide Criminal Appeal
No.18 of 2021. In that Appeal certain directions were given and
order of the learned Magistrate was modified. The husband was
directed to make the payment as per the chart mentioned in the
operative part of the Appellate order. The Clause 1(b)iv mentioned
that from January 2022 onwards the husband shall pay Rs.25000/-
p.m. till the final disposal of the Criminal M.A.No.191 of 2019
pending before the Trial Court. This order was challenged by the
husband by way of this Criminal Revision Application No.67 of
2023. On 14/03/2023, this Court (Coram: Amit Borkar, J.) had
granted ad-interim relief in terms of prayer clause (c) which reads
as follows:
3 of 5 15-ia-2281-23
"c) Pending the hearing and final disposal of the
present Application the execution of the impugned
judgment dated 04/01/2023 passed by the Ld.
Sessions Court, Pandharpur in Criminal Appeal No.18
of 2021 be stayed/suspended."
3. After that, the wife preferred an Interim Application
No.2281 of 2023 for withdrawal of the amount which the husband
had deposited by way of arrears. While considering that
application, I had passed an order on 28/06/2023. The operative
part of the order dated 28/06/2023 reads thus:
"(i) The Applicant is permitted to withdraw the
amount of Rs.4,50,000/- which the original
Applicant in Criminal Revision Application
No.67 of 2023 has deposited in this Court.
(ii) This withdrawal is subject to the final outcome
of the Criminal Revision Application No.67 of
2023.
(iii) Till the Revision Application is decided, the
original Applicant Balasaheb shall continue
making payment as per the directions of the
Sessions Court.
(iv) With these observations, the Interim Application
is disposed of.
(v) The Criminal Writ Petition (ST) No.10889 of
2023 to be tagged along with the Criminal
Revision Application No.67 of 2023.
(vi) The Criminal Revision Application be placed on
board for further consideration on 03/08/2023.
(vii) Ad-interim relief, if any, to continue till then."
4 of 5 15-ia-2281-23
4. Learned counsel for the husband has sought clarification
to Clause (iii) of the said order. His praecipe mentions that, Clause
Number (iii) was deleted, but the same is reflected in the order.
This statement is absolutely incorrect. The order was dictated in
the Court. That particular clause was dictated in the order with a
purpose that the wife gets benefit of interim maintenance till the
Revision Application is decided. Therefore, there is no necessity to
change the order dated 28/06/2023.
5. In any case, the matter was directed to be listed on
board on 03/08/2023. The last clause of the operative part of the
said order mentions, "Ad-interim relief, if any, to continue till
then". This clause was also inserted at the instance of learned
counsel for the husband. However, since there was no ad-interim
relief granted earlier in the Interim Application No.2281 of 2023,
there is no question of continuation of any ad-interim relief, as far
as, this interim application is concerned.
6. Just for clarification, it needs to be mentioned that, the
ad-interim relief was operating till 28/06/2023 because of the
5 of 5 15-ia-2281-23
order dated 14/03/2023 passed in Criminal Revision Application
No.67 of 2023. The said order being an ad-interim order, it was
subject to further modification when the matters were heard next.
It is only a question of paying maintenance as per the Sessions
Court's order till the Revision Application is decided. Therefore, I
do not see any reason to make any changes in the order dated
28/06/2023.
7. The Criminal Revision Application No.67 of 2023 shall
now be listed as directed earlier on 03/08/2023 for further
consideration.
(SARANG V. KOTWAL, J.)
