Bombay High Court
Khalil Abbas Fakir vs Tabbasum Khalil Fakir @ Tabbasum Gulam ... on 4 February, 2019
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
Sherla V.
revn.368.2017_2.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.368 OF 2017
Khalil Abbas Fakir ... Applicant
Vs.
Tabbasum Khalik Fakir & anr. ... Respondents
Ms.Megha Bajoria i/b P.M. Patil for the Applicant
Mr.Saurabh Butala i/b Harshawardhan Salgaonkar for Resp. No.1
Mr.A.R. Patil, APP, for the Respondent - State
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: FEBRUARY 4, 2019 P.C.:
1. In this revision application, the applicant/husband has challenged the order dated 20.8.2014 passed by the learned Judicial Magistrate First Class, Chiplun in Miscellaneous Application No.144 of 2012 for maintainance amount and also the order dated 18.5.2017 passed by the learned Additional Sessions Judge, Khed in Criminal Appeal No.27 of 2014, by which a one time maintainance amount was fixed by the learned Sessions Judge of Rs.9 lakhs.
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revn.368.2017_2.doc
2. The learned Counsel for the applicant/husband submits that in the said matter, the applicant/husband has till date, deposited Rs.1,50,000/- towards the one time settlement and is also paying Rs.3,000/- per month to the child in the maintainance proceedings under section 125 of the Criminal Procedure Code. She submits that the maintainance amount of Rs.3,000/- is paid till December, 2018. The learned Counsel submits that the matter be heard on merits. She submits that the lady has got married in April, 2018 and the husband is also married for the third time and has financial responsibilities. She, therefore, prays that the warrant issued by the learned Judicial Magistrate First Class in this case is to be cancelled.
3. Heard.
4. Out of Rs.9 lakhs, till today, only Rs.150,000/- is deposited by the applicant / husband. In view of this, the applicant/husband is directed to deposit a further amount of Rs.2 lakhs in two installments. The first installment shall be deposited on or before 14.2.2019 and the second installment shall be deposited on or before 14.3.2019. It is made clear that there will not be any extension of time in payment of this maintainance amount. Page 2 of 3 ::: Uploaded on - 06/02/2019 ::: Downloaded on - 15/03/2019 23:27:58 :::
revn.368.2017_2.doc Subject to this condition, the orders of the learned trial Judge and the learned Sessons Judge are stayed, so also the order of issuance of warrant is stayed. It is made clear that the husband shall go on paying the maintainance amount of Rs.3,000/- in the proceedings under section 125 of the Criminal Procedure Code. The respondent / wife is allowed to withdraw the said amount of Rs.2 lakhs after the money is deposited.
5. S.O. to 1.4.2019.
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