Laxman Baburao Takwale vs Swati Laxman Takwale And Another
2023 Latest Caselaw 2142 Bom

                                       1             956-Cri.Rev.Appln.42-23.odt


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          956 CRIMINAL REVISION APPLICATION NO.42 OF 2023

                       LAXMAN BABURAO TAKWALE
                                 VERSUS
                   SWATI LAXMAN TAKWALE AND ANOTHER

                                      ...
                  Advocate for Applicant : Mr. Mahesh P. Kale.
                                      ...

                                      CORAM :    S. G. MEHARE, J.

                                      DATE :     03.03.2023

     PER COURT :-


     1.      Issue      notice   to    the   respondents,     returnable        on

     31.03.2023.

2. Learned counsel for the applicant would argue that the

respondent/wife herself left the company of the applicant and

not willing to cohabit with him for an unacceptable reason that

he was residing with his parents. The applicant is ready to

clear the arrears of maintenance granted to respondent

No.2/daughter. The applicant has a good case on merit.

Hence, interim stay may be granted.

3. Perused the impugned judgment and order. Prima facie

it appears that the Court has discussed the evidence and

arrived at the conclusion that both the respondents are

entitled to maintenance. Whether respondent No.1 left the

2 956-Cri.Rev.Appln.42-23.odt

company of the applicant without any reason has to be

examined on opportunity of being heard given to wife.

Therefore, it would be inappropriate to grant the exparte

interim relief as the applicant prays. However, the interim

protection may be granted on certain conditions. The order

granting maintenance passed by the learned Judge Family

Court, Aurangabad in Petition No.E-235 of 2019, dated

02.12.2022 is stayed on the condition that the applicant shall

clear 75% arrears of maintenance in three equal installments

per month and continue to pay Rs.2,000/-, each to the

respondents, till further order.

4. Issue notice to the respondents why this order shall not

be confirmed till the conclusion of the revision application.

5. Call Record and Proceedings.

(S. G. MEHARE, J.)

...

vmk/-