Shri. Mujahid Iqbal S/O Mohd Ismail v. Afrah D/O Mujhid Iqbal
Interim maintenance – stay of
Case brief
What is this about?
Bombay High Court, Nagpur Bench - Criminal Writ Petition No.368 of 2024, Mujahid Iqbal s/o Mohd Ismail v. Afrah d/o Mujhid Iqbal, decided 20.02.2025 by Anil S. Kilor, J. Interim maintenance of Rs.15,000/- per month from 05.08.2017 granted by the 8th Jt. Civil Judge (Sr. Dn.) / A.C.J.M., Special Court under the P.W.D.V. Act, Nagpur (order below Exh.1-A dated 27.04.2022); appeal Misc. Criminal Appeal No.127 of 2022 pending; petitioner's stay application rejected by the 5th District and Sessions Judge, Nagpur (order below Exh.4 dated 26.03.2024). On the petitioner's pursis-undertaking to pay from 27.04.2022 with arrears cleared in 10 months, the stay-rejection order was quashed and set aside for the period 05.08.2017 to 26.04.2022 and the maintenance order modified to run from 27.04.2022; no merits findings were recorded; writ petition partly allowed and disposed of.
What did the court decide?
Writ petition partly allowed and disposed of: the order below Exh.4 dated 26.03.2024 (rejection of stay by the 5th District and Sessions Judge, Nagpur in Misc. Criminal Appeal No.127 of 2022) quashed and set aside for the period 05.08.2017 to 26.04.2022; the order below Exh.1-A dated 27.04.2022 modified so that Rs.15,000/- interim maintenance is payable from 27.04.2022; petitioner to clear arrears from 27.04.2022 within 10 months per his undertaking and pay maintenance regularly every month thereafter, without prejudice to his rights in the pending appeal.