The High Court of Bombay disposed of a criminal revision application by accepting parties' consent to modify an interim maintenance order under the Domestic Violence Act, directing payment to wife and daughter.
Revision applicant to pay Rs.4,000 per month to wife and respondent, minor daughter.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
910-REVN-32-2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.32 OF 2016
RAMESH PANDURANG PAWAR-MEDHE ) AND ORS. )...APPLICANTS
V/s.
RASHMI RAMESH PAWAR-MEDHE & ORS. )...RESPONDENTS
Mr.K.S.Patil, Advocate for the Applicant.
Mr.S.H.Koregave, Advocate for Respondent Nos.1 and 2.
Mrs.M.R.Tidke, APP for the Respondent - State.
CORAM : A. M. BADAR, J. DATE : 18th JANUARY 2017.
P.C. :
1 By this revision application, revisional applicants / original respondents in Miscellaneous Criminal Application No.1176 of 2014 filed by respondent no.1 Rashmi Pawar / wife,
are challenging the judgment and order dated 23rd December 2015 passed by the learned Ad-hoc Additional Sessions Judge, Kolhapur, thereby allowing the Criminal Appeal bearing no.154 of
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910-REVN-32-2016.doc
2 When the revision application came up for hearing, the learned counsel appearing for the revisional applicants as well as respondent nos.1 and 2, unanimously stated that parties are agreeing if the impugned judgment and order is modified and revisional applicants are directed to pay maintenance of Rs.4,000/- per month to respondent nos.1 and 2 from the date of institution of the application before the trial court. The statement
so made needs to be accepted because what is challenged in this revision application is an order granting interim maintenance in
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910-REVN-32-2016.doc
proceedings under the Domestic Violence Act. Therefore, by consent of both parties, the impugned judgment and order passed by the learned Ad-hoc Additional Sessions Judge, Kolhapur, on 23rd December 2015 in Criminal Appeal No.154 of 2015 is modified thus :
i) The revision application is disposed of with a direction that revisional applicant no.1 / original respondent no.1 / husband shall pay maintenance amount of Rs.4,000/- per month for maintaining respondent nos.1 and 2 – wife and minor daughter, from the date of institution of the application for interim maintenance before the trial court, till disposal of the proceedings under the Domestic Violence Act.
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1 issue framed by the court
Whether to allow the consent application of parties to modify the interim maintenance order under the Domestic Violence Act.
1 provisions across 1 enactments
RAMESH PANDURANG PAWAR-MEDHE
RASHMI RAMESH PAWAR-MEDHE
A. M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
