Bombay High Court
Dhanashree Abhay Sakhale vs The State Of Maharashtra And Anr on 20 June, 2022
Author: Prakash D. Naik
Bench: Prakash D. Naik
wp-770-21 with IA-819-21
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 770 OF 2021
ALONGWITH
INTERIM APPLICATION NO. 819 OF 2021
Mrs. Dhanashree Abhay Sakhale .. Petitioner
Vs.
The State Of Maharashtra & Anr. .. Respondents
...
Ms. Rajashree Gurav, Advocate for the petitioner.
Mr. A. R. Patil, APP for the Respondent No. 1-State.
None for Respondent No.2.
...
Digitally signed
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.07.12
14:49:38 +0530
CORAM : PRAKASH D. NAIK, J.
DATE : JUNE 20, 2022
PC.
1. The petitioner has sought the following prayers in Writ
Petition No. 770 of 2021 which reads as under:-
"a. this Hon'ble Court may be graciously pleased to
quash and set aside the order dtd. 24/11/2020
passed by the Hon'ble Sessions Court, Mumbai and
direct the Respondent no.2 to pay school fees of Rs.
1,53,000/- for 2020-2021 and balance Rs. 40,300/-
for 2019-2020 totaling to Rs. 1,93,300/- at the
earliest;
Ethape 2 wp-770-21 with IA-819-21
b. this Hon'ble Court may be graciously pleased to
direct the Respondent to forthwith clear the arrears
of maintenance for last six years amounting to Rs.
9,39,000/- up to December 2020, failing which he
may be convicted and not released unless the
arrears are cleared;
c. this Hon'ble Court may be graciously pleased to
take stern action against the Respondent no.2 and
his advocate, Rakesh Agarwal for practicing fraud
on appellate court resulting into grave injustice to
her and her minor;
d. The Respondent no.2 and his employer have
intentionally failed and neglected to comply with the
order dtd. 12/1/2018 by not crediting maintenance
of Rs. 39,000/- pm for last three years amounting to
contempt of court, therefore suo moto contempt
proceedings may be initiated against them."
2. In the Interim Application No. 819 of 2021, the
applicant has prayed for following reliefs which reads as
under:-
"a. this Hon'ble Court may be graciously pleased to
direct the Respondent no.2 to reimburse the amount
of Rs. 1,13,114/- without any further delay;"
3. The petitioner has initiated the proceedings under the
Domestic Violence Act against respondent No.2 which are
pending before the Court of Learned Metropolitan Magistrate.
Respondent No.2 is the husband of petitioner.
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4. Learned advocate for the petitioner submitted that the
Sessions Court vide order dated 24.11.2020 maintained the
order dated 26.02.2020 passed by learned Metropolitan
Magistrate below exhibit 609 however, respondent no.2 was
directed to pay the two installments of the school fees of the
minor son of Rs. 39,000/- each out of the arrears of
maintenance amount to the school. The first installment of Rs.
39,000/- to be paid within a period of 15 days. Remaining
installment of Rs. 39,000/- to be paid as per convenience of the
school. It is submitted that the amount of Rs. 78,000/- was
paid by the respondent no.2 however, the petitioner had
deposited the amount of Rs. 1,30,000/- towards school fees of
minor son which may be reimbursed to the petitioner. The order
dated 24.11.2020 may be set aside to the extent of maintaining
the order of the learned Metropolitan Magistrate. Learned
counsel relied upon the receipt of payment towards the school
fees.
5. Respondent No.2 has filed common reply in both the
petitions dated 19.01.2021. In the reply, it is stated that the
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petitioner is guilty of suppressing material facts from the Court.
The petitioner has filed many applications in the trial Court. She
has initiated several proceedings. The proceedings under the
Domestic Violence Act are pending before the Trial Court. The
petitioner has filed application for school fees of minor son for
the academic year 2020-2021 for 1st standard to the tune of Rs.
3,00,000/-. The petitioner has filed an application for claiming
school fees in the sum of Rs. 3,00,000/- per annum. Although,
it was orally submitted that the petitioner was claiming Rs.
7,00,000/- per annum. It is not possible to afford the fees of
international school. Several other contentions are urged in the
reply. The petitioner has received huge amount of Rs.
25,41,724.87/- till the relevant time. Thereafter, all the funds,
bonds and units of the petitioners were already exhausted by
making the payments. Respondent No.2 was in jail. The
petitioner had received maintenance.
6. Several contested issues are raised in these proceedings.
From the application preferred by the petitioner and the
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documents relied by petitioner, it appears that the petitioner
had paid school fees as stated in the prayer clause of the
petition/application. The petitioner has claimed reimbursement
of Rs. 1,13,114/- towards the school fees by the petitioner by
adjusting two installments received in accordance with order
dated 24.11.2020 passed by Sessions Court. Other reliefs
sought by the petitioner in this petition and the application are
not granted to the petitioner nor any findings are given on merit
of the said contentions with liberty to move appropriate Court.
7. These proceedings were initially heard on 12.04.2022.
Both sides were heard. Learned counsel for the petitioner,
however, sought time to argue in rejoinder and hence the
proceedings were adjourned to 21.04.2022. Thereafter, the
assignment had changed. Now, as per assignment, the matter
is listed before this Court. Learned Advocate for petitioner was
heard on 13.06.2022 and the proceedings were kept today for
passing order. The Advocate for respondent No. 2 was not
present on 13.06.2022 and today. I have referred to the prayer
in this petition as well as in the interim application.
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8. Order dated 24.11.2020 passed by the Sessions Court, is
set aside to the extent of maintaining lower Courts order.
Respondent No.2 is directed to reimburse the amount of Rs.
1,13,114/- to the petitioner. If any, arrears are pending towards
the maintenance, the petitioner is at liberty to initiate
proceedings before the concerned Court. It may not be
construed that this Court has given any finding on merits of the
said prayer. The petitioner may prefer appropriate application
for regular school fees before the trial Court. Hence, I pass the
following order: -
ORDER
(i) The order dated 24th November, 2020, passed by the Sessions Court, is set aside;
(ii) Respondent No.2 is directed to reimburse the amount of Rs. 1,13,114/-, towards the school fees of petitioner's son to the petitioner within a period of two weeks from today;
(iii) The petitioner is at liberty to initiate appropriate proceedings for clearance of arrears of maintenance, if Ethape 7 wp-770-21 with IA-819-21 any, as claimed in prayer clause (b) of the Petition;
(iv) The petitioner may prefer appropriate application for regular school fees before trial Court;
(v) Writ Petition and Interim Application stand disposed of accordingly;
(vi) In the event the order of this Court is not complied, trial Court shall take appropriate steps towards execution of this order expeditiously.
(PRAKASH D. NAIK, J.)