Bombay High Court
Santosh Kumar Shetty vs Smita Shetty And Anr on 20 February, 2019
Author: Mridula Bhatkar
Bench: Mridula Bhatkar
Sherla V.
sr.no.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.590 OF 2019
Dr.Santosh Kumar Shetty ... Petitioner
Vs
Mrs.Smita Shetty & anr. ... Respondents
Mr.N.P. Shimpi with Shri Sudhakar Shetty for the Petitioner
Ms.Smita Shetty, Resp. No.1 - present in person
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: FEBRUARY 20, 2019 P.C.:
1. The learned Counsel for the petitioner/husband submits that the petitioner/husband has deposited Rs.6 lakhs and has complied with the order dated 6.2.2019. A proof of payment is produced, which is taken on record and marked exhibit 1.
2. In this Writ Petition, the respondent/wife is present and is appearing in person. She wants to file her reply. I am informed by the wife that the appeal is now fixed on 22.2.2019. Page 1 of 3 ::: Uploaded on - 07/03/2019 ::: Downloaded on - 20/03/2019 09:41:41 :::
sr.no.19.doc
3. In view of the limited scope of this Writ Petition and considering the order dated 26.12.2018 and also as the petitioner has deposited Rs.6 lakhs, this petition is disposed of with the following order:
i) As the amount of Rs.6 lakhs is deposited, the order dated 17.11.2018 of the learned Metropolitan Magistrate is stayed as per the order of the Sessions Court. However, the order of the Sessions Court directing the husband to continue to pay maintainance of Rs.25,000/-, to continue and it is to be paid on or before 5th date of each month.
ii) The respondent/wife is allowed to withdraw the amount of Rs.6 lakhs immediately from the learned Additional Chief Metropolitan Magistrate, Vikhroli.
iii) The respondent is allowed to file her reply and documents in support of her contentions before the Sessions Court on 22.2.2019.
iv) As the order of interim maintainance is challenged in this appeal, the appellate Court to endeavour to hear and decide the appeal on or before 15.4.2019.
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v) The appellant/husband shall continue to deposit the monthly maintainance amount as directed by the Sessions Court on or before 5th of every month.
4. Writ Petition is disposed of accordingly.
(MRIDULA BHATKAR, J.) Page 3 of 3 ::: Uploaded on - 07/03/2019 ::: Downloaded on - 20/03/2019 09:41:41 :::