Sourabh Shilwant Ghodake vs Samita Sourabh Ghodake And Ors
2023 Latest Caselaw 3045 Bom

2023:BHC-AS:9313
                                                                                 39-wp1179-2019.doc


                    VRJ
                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CRIMINAL APPELLATE JURISDICTION

                                        WRIT PETITION NO.1179 OF 2019


                    Sourabh Shilwant Ghodake                         ... Petitioner
                              V/s.
                    Samita Sourabh Ghodake & Ors.                    ... Respondents


                    Mr. Prasad P. Kulkarni for the petitioner.
                    Ms. Kalyani Mangana i/by V.V. Purwant for the
                    respondent No.1.
                    Mr. A.R. Patil, APP for the State.

                                                  CORAM : AMIT BORKAR, J.

                                                  DATED      : MARCH 28, 2023
                    P.C.:

1. By consent of the parties following order is passed.

2. The impugned judgment and orders passed by the learned District Judge-13, Additional Sessions Judge, Pune dated 23 rd January 2019 in Criminal Appeal No.131 of 2018, setting aside judgment and order below Exhibit-5 dated 12 th January 2018 in Criminal Miscellaneous Application No.1900 of 2017 is quashed and set aside.

3. Parties shall file affidavit of assets and liability as per the judgment in the case of Rajnesh vs. Neha, reported in (2021) 2 SCC 324.

4. Learned Judicial Magistrate First Class shall decide the

39-wp1179-2019.doc

application of respondent No.1 for maintenance afresh.

5. During pendency of the application, the applicant shall continue to pay amount of interim maintenance as directed by the impugned order.

6. However, it is made clear that the quantum of maintenance shall be decided by the Magistrate uninfluenced by fact of direction to pay as per impugned order.

(AMIT BORKAR, J.)