Bombay High Court
Shaikh Mohsin S/O Shaikh Nizamoddin vs Nilofer W/O Shaikh Mohsin on 9 August, 2024
1 978-CrWP-1286-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL WRIT PETITION NO. 1286 OF 2024
SHAIKH MOHSIN S/O SHAIKH NIZAMODDIN
VERSUS
NILOFER W/O SHAIKH MOHSIN
...
Advocate for the Petitioner : Mr. Akram Inamdas holding for
Mr. S. S. Kazi
...
CORAM : S. G. MEHARE, J.
DATE : 09-08-2024
PER COURT :-
1. Heard the leaned counsel for the petitioner.
2. Leave granted to amend prayer clause. Amendment be
carried out forthwith.
3. Issue notice to the respondents, returnable on 04.09.2024.
4. The petitioner has impugned order of the learned Judicial
Magistrate First Class, Court No.12, Aurangabad in PWDVA Case
No.4 of 2021 dated 27.03.2023 and the order of the learned
Additional Sessions Judge, Aurangabad, passed in PWDVA Appeal
No.55 of 2023 dated 10.04.2023.
5. The learned counsel for the petitioner submits that the Court
had issued recovery warrant against the petitioner. The matter is
fixed for depositing the amount and next date for execution of the
2 978-CrWP-1286-24.odt
proceeding is on 13.08.2024. He submits that the petitioner is in
arrears of Rs.6,11,000/- (including damages). He is an employee
of the M.S.E.B. After deduction, the petitioner is getting salary of
Rs.9,000/- per month. He submits that the petitioner has a good
case on merit. No domestic violence caused to the respondent/
wife. She exaggerated the allegations. Both Courts did not
consider the facts properly and arrived at the conclusion
incorrectly that domestic violence was caused to the respondent/
wife.
6. Perused both impugned judgments and orders.
7. Both Courts have considered the material placed before
them. Considering the status of the petitioner, the Court granted
maintenance of Rs.3000/- (Rs.Three Thousand) per month to the
respondents.
8. Learned counsel for the petitioner further submits that a flat
owned by the petitioner is rented by the respondent / wife and she
is getting monthly rent of Rs.4000/- (Rs.Four Thousands). She has
sufficient income. The petitioner has various deductions. In the
circumstances, the impugned order may kindly be stayed.
9. Both Courts have considered the facts and the status and
the family background of the parties. The maintenance of
Rs.3000/- (Rs.Three Thousand) each to the respondents was
3 978-CrWP-1286-24.odt
granted. Even if it is believed that the respondent/wife was
getting Rs.4000/- per month from rented flat, it is lesser than the
amount awarded. The deductions from the salary of the petitioner
appears not statutory. Hence, the story of getting Rs.9000/-
(Rs.Nine Thousand) cannot be believed.
10. Considering the submissions of the learned counsel for the
petitioner, there shall be interim stay to the impugned judgment
and order till the next date on the condition that the petitioner
should deposit Rs.3,00,000/- (Rs.Three Lakh) with the Trial Court in
two installments within two months from the date of this order.
The award granting damages has also been stayed till the next
date.
( S. G. MEHARE )
JUDGE
rrd
