Bhausaheb Chaganrao Wagh vs Suwarna W/O Bhausaheb Wagh And Another
2024 Latest Caselaw 25511 Bom

Bombay High Court

Bhausaheb Chaganrao Wagh vs Suwarna W/O Bhausaheb Wagh And Another on 5 September, 2024

                                                           911-appln-3291-2024.odt
                                     (1)


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                CRIMINAL APPLICATION NO. 3291 OF 2024

                    Bhausaheb Chaganrao Wagh
                              VERSUS
            Suwarna W/o Bhausaheb Wagh And Another
                                  ...
         Advocate for Applicant : Mr. Solanke Shrikrashna B.
                                  ...
                                     CORAM : S.G. MEHARE, J.

DATED : SEPTEMBER 05, 2024

PER COURT:-

1. Learned counsel Mr. S.B. Jadhavar has instructions to

appear for respondent nos.1 and 2. Time granted to take the

instructions.

2. Heard learned counsel for the applicant.

3. Learned counsel for the applicant states that two

simultaneous proceedings of maintenance under Section 125 of the

Criminal Procedure Code and Domestic Violence Act were filed. In

both petitions, the Trial Court granted the maintenance of Rs.4,000/-

each. Those orders were challenged. However, the learned

Additional Sessions Judge while deciding both cases together has

granted the maintenance of Rs.7,000/-. However, it is not clarified in

which matter the quantum of maintenance is determined.

4. Prima facie, there appears substance in the arguments of

learned counsel for the applicant. Hence, there shall be an interim 911-appln-3291-2024.odt

stay to the impugned judgment and order of the learned Additional

Sessions Judge, on the condition that the applicant should deposit

half of the arrears in three equal installments within three months

from today. First installment should be deposited within two weeks

from today.

5. Stand over to 09.10.2024.

(S.G. MEHARE, J.)

Mujaheed//