Bombay High Court
Malhari Tulshiram Sadafule vs The State Of Maharashtra And Anr on 28 February, 2019
Author: R. G. Ketkar
Bench: Rajesh G. Ketkar
CRWP268_19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.268 OF 2019
(Malhari Tulshiram Sadafule Vs. The State of Maharashtra and another)
Office Notes, Office Court's or Judge's orders
Memoranda of Coram,
appearances,Court's
orders, or directions,
and Registrar's Orders
Ms Manisha Devkar for Petitioner.
CORAM : R. G. KETKAR, J.
DATE : 28TH FEBRUARY, 2019 P.C.:
Not on Board. At the request of Ms Devkar, learned Counsel for the petitioner, taken up in the production Board.
2. Respondent No.2 had filed proceedings under Section 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') before the trial Court. By order dated 12.04.2010, maintenance @ Rs.1,300/- per month with effect from 10.06.2008 was awarded to the respondent No.2. Respondent No.2 thereafter filed proceedings under Section 127 of Cr.P.C. for enhancing the maintenance amount. By order dated 30.05.2016, the learned Judge, Family Court No.3, Mumbai allowed the Petition and directed the petitioner herein to pay enhanced maintenance @ Rs.12,000/- per month to the respondent No.2 from the date of the Petition i.e. 17.04.2014.
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3. Ms Devkar, on instructions, states that petitioner has paid the maintenance from 17.04.2014 till June, 2018 @ Rs.12,000/- per month as per the order dated 30.05.2016. From July, 2018 onwards, he has not paid the maintenance as he has filed proceedings for cancelling the maintenance amount from 30.04.2018 on the ground that petitioner has attained superannuation.
4. On instructions, she further states that before the next date of hearing, petitioner will deposit the arrears of maintenance of Rs.84,000/- (from July 2018 to 28.02.2019 @ Rs.12,000/- per month) in this Court.
5. In view thereof, list the Petition for 'admission' on 14.03.2019 in the Supplementary Board. Till next date, subject to the petitioner depositing Rs.84,000/- in this Court before the next date of hearing, order dated 04.12.2018 issuing distress warrant against the petitioner herein is stayed. No coercive steps shall be taken against the petitioner till next date. It is further made clear that in case the petitioner does not deposit arrears within the stipulated time, this protection shall stand vacated without further reference to the Court.
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