Bharat Keshav Ugale And Others vs Somprabha Bharat Ugale And Others
2023 Latest Caselaw 2141 Bom

                                       1             957-Cri.Rev.Appln.45-23.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          957 CRIMINAL REVISION APPLICATION NO.45 OF 2023

                   BHARAT KESHAV UGALE AND OTHERS
                               VERSUS
                 SOMPRABHA BHARAT UGALE AND OTHERS

                                      ...
               Advocate for Applicant : Mr. Jaju Nikhil Santosh.
                                      ...

                                      CORAM :    S. G. MEHARE, J.
                                      DATE :     03.03.2023

     PER COURT :-


     1.      Issue      notice   to    the   respondents,     returnable        on

     05.04.2023.


     2.      Learned counsel for the applicant would argue that the

     respondent/wife is a Anganwadi Sevika and has a income of

     Rs.8,000/- per month. This aspect has not been properly

     appreciated and exorbitant maintenance of Rs.4,000/- per

     month was granted to her. The applicant is an agriculturist.

     He has very limited source of income. The maintenance of

     Rs.10,000/- per month is cumbersome for him. The evidence

     has not been properly appreciated. Hence, interim stay may be

     granted to the impugned order.


     3.      Perused the impugned judgment and order. Prima facie it

     appears that respondent No.1/wife has a source of income.



::: Uploaded on - 03/03/2023                        ::: Downloaded on - 04/03/2023 19:49:26 :::
                                      2                 957-Cri.Rev.Appln.45-23.odt


     However, the applicant cannot absolve from the responsibilities

     of his children. The applicant appears to have a good case for

     stay. Hence, the following order :

                                    ORDER

(i) The impugned judgment and order of learned Judicial Magistrate First Class, Shevgaon in Criminal Misc. Application No.304 of 2014, dated 12.02.2018 and confirmed by the learned Additional Sessions Judge, Ahmednagar in Criminal Appeal No.58 of 2018, dated 30.11.2022 stayed on the condition to clear 75% of arrears of maintenance as regards the children and continue to pay Rs.2,000/- per month to respondent No.1 only, as children became major, till further orders.

(ii) Issue show cause notice to respondent No.1 why this order shall not be confirmed till conclusion of the criminal revision application.

(iii) Call Record and Proceedings.

(iv) It is made clear that whatsoever the amount the applicant has paid during the pendency of the revision application shall be deducted from the amount of 75% to be paid by the applicant.

(S. G. MEHARE, J.) ...

vmk/-