Namrata Dipak Chambhare (Patil) ... vs Dipak S/O. Rameshrao Chambhare ...
2023 Latest Caselaw 7578 Bom

                                     -1-         23.APL.642.2023.Judgment.odt



 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           NAGPUR BENCH : NAGPUR.
   CRIMINAL APPLICATION (APL) NO. 642 OF 2023

 APPLICANTS                    : 1. Sau. Namrata Dipak Chambhare
                                    (Patil), Aged 29 years, Occ. :
                                    Household.
                                   2. Yashaswi D/o. Dipak Chambhare,
                                      Aged 4 years, Occ. : Nil.

                                   3. Kartiki D/o. Dipal Chambhare, Aged
                                      about 2 years, Occ. : Nil
                                     (Applicant No.1 for herself and for
                                     Minors applicant Nos.2 and 3 as their
                                     natural guardian mother)
                                     All applicants R/o. C/o. Ganesh
                                     Shankarrao Dhotre, in front of
                                     Hirulkar Petrol Pump, Kaulkhed,
                                     Mangrulpir Road, Akola, Tq. and
                                     District : Akola.

                                           //VERSUS//

 NON-APPLICANT                 :     Dipak S/o. Rameshrao Chambhare
                                     (Patil), Aged about 29 years,
                                     Occupation : Business, R/o. Muktai
                                     Nagar, Behind Bus-stand, Malkapur,
                                     Tq. Malkapur, District : Buldhana.

**************************************************************
  Mr. V.R. Deshpande, Advocate for the Applicants.
  Ms. Meera P. Kshirsagar, Advocate for the Non-applicant.
**************************************************************
                       CORAM : G. A. SANAP, J.

DATED : 31st JULY, 2023.

                                 -2-          23.APL.642.2023.Judgment.odt



ORAL JUDGMENT


               Heard.


02]            Admit. The application is heard finally with the consent

of the learned advocates for the parties. Perused the record and

proceedings.

03] In this application, the applicants have questioned the

correctness of the order dated 3 rd April, 2023, passed by learned

Additional Sessions Judge, Akola, whereby learned Judge partly

allowed the application at Exh.5 made by the non-applicant.

04] In view of the statements made by learned advocates for

the parties across the bar, it is not necessary to state the facts in

detail. Suffice to state that the order awarding the interim

maintenance was challenged by the non-applicant in an appeal

filed under Section 29 of the Protection of Women from Domestic

Violence Act, 2005. The non-applicant was arrested on account of

his failure to pay the arrears. Learned Judge, subject to deposit of

Rs.1,00,000/- (rupees one lakh only) towards the arrears of

maintenance, ordered the release of non-applicant from jail.

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05]            Learned advocates for the parties submitted that the

appeal pending before the learned Additional Sessions Judge is

otherwise ripe for hearing. Learned advocate for the applicants

submitted that in view of the order passed by learned Additional

Sessions Judge, the applicants have not been able to recover the

arrears of maintenance.

06] In my view, considering the observations made by

learned Additional Sessions Judge in the impugned order as well as

the facts placed on record before me, it would be just and proper to

modify the order passed by learned Additional Sessions Judge.

07] The non-applicant shall deposit 50% of the total arrears

i.e. Rs.6,96,000/- (rupees six lakhs ninety six thousand only). 50%

arrears be deposited within a period of one month. If the

non-applicant fails to deposit 50% arrears within a period of one

month, then he shall be dealt with in accordance with law.

08] In the facts and circumstances, hearing of the appeal is

expedited. Learned Additional Sessions Judge is requested to

dispose of the appeal within a period of two months from today.

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09]            The payment of 50% arrears shall be subject to the

outcome of the appeal filed by the non-applicant before the

learned Additional Sessions Judge.

10] The application is disposed of in the above terms.

(G. A. SANAP, J.)

Vijay