The High Court, Criminal Appellate Jurisdiction, disposed of an appellant's revision challenging an order regarding interim maintenance. The bench directed the lower magis
Directed JMFC Pune to conclude matter by 30.3.2019 on day-to-day basis and direct parties to cooperate.
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.
Sherla V.
revn.313.2018_12.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.313 OF 2018
Sital P. Jindal … Applicant
Vs.
Pankaj D. Jindal & Ors. … Respondents
Ms.Seema Sarnaik with Sangeeta Salvi for the Applicant
Mr.H.P. Vyas for Resp. Nos.1 & 2 Mr.A.R. Patil, APP, for the Respondent – State
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: JANUARY 15, 2019
P.C.:
against the respondent/husband challenging the order dated 16.8.2016 passed by the learned 31st JMFC, Pune, thereby rejecting the application below exhibit 68, moved by the wife for increase of interim maintainance. The wife had moved the application under the Protection of Women from Domestic Violence Act for maintainance which was numbered as Criminal Miscellaneous Application No.1089 of 2010. In the said application, the order for interim maintainance was passed on
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revn.313.2018_12.doc
13.7.2010 by which the respondent/husband is directed to pay Rs.15,000/- per month to the wife and Rs.20,000/- per month each to the two daughters. So also, residence was provided to the applicant and the daughters by the respondent/husband. The respondent/husband had challenged this order by filing Criminal Appeal No.138 of 2010 before the Sessions Court which was dismissed by order dated 15.2.2012. Thereafter, a revision application was filed before this Court and while disposing off the said revision application, this Court by order dated 15.3.2016 directed the learned JMFC, Pune to expedite the hearing of the Criminal Miscellaneous Application No.1089 of 2010 and to conclude the same on or before 31.12.2016. However, it is not concluded as yet. Only the examination-in-chief of the wife, i.e., the applicant, is recorded and the matter is shown part-heard on a number of dates thereafter.
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revn.313.2018_12.doc
therefore, the learned Counsel for the wife prays that the amount of interim maintainance is to be increased. The learned Counsel for the applicant has submitted that at least the school fees of the daughters be directed to be paid to the applicant so that the eduction of the daughters should not be affected.
i) The learned JMFC, Pune is directed to conclude the matter on or before 30.3.2019. The learned JMFC, Pune to proceed with the matter preferably on a day to day basis.
ii) The parties are directed to cooperate with the learned Magistrate and they should submit a list of witnesses in the Court on the next date.
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revn.313.2018_12.doc
iii) The points of increase in school fees so also the money required for medical treatment of both the daughters are important and they are to be raised and to be decided at the time of deciding the maintainance application finally.
(MRIDULA BHATKAR, J.)
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Sital P. Jindal
Pankaj D. Jindal
Mridula Bhatkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
