Anita Ravindra Dupare and Another v. Ravindra Devaji Dupare and Others

Bombay HC24 Apr 2025WP/538/2025

Case brief

AI extract

What is this about?

Maintenance enhancement — Domestic Violence Act, Section 25(2) — statutory remedy before trial Magistrate — Criminal Writ Petition disposed with liberty — challenge to appellate order dated 06.07.2022 in Criminal Appeal No.50/2019 (Additional Sessions Judge, Dhule) enhancing maintenance granted vide order dated 31.07.2019 — earlier enhancement application dated 16.12.2021 withdrawn on 25.11.2024 — Bombay High Court, Bench at Aurangabad — Shailesh P. Brahme, J.

What did the court decide?

Liberty to the Petitioners to approach the jurisdictional Magistrate for enhancement of the maintenance already granted vide order dated 31.07.2019; the Magistrate to consider the application if presented on its own merits and in accordance with law. ¶¶18

Anita Ravindra Dupare and Another Vs Ravindra Devaji Dupare… — Domestic Violence | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶¶18

Issue for consideration

Whether the Petitioners can obtain enhancement of maintenance through the present writ petition, or whether they must pursue the statutory remedy before the trial Magistrate by leading evidence.

¶¶17

Court's answer

The Petitioners have a statutory remedy to approach the trial Magistrate for enhancement of the maintenance by placing on record evidence in support of the claim.

¶¶17

Ratio / Principle

The Criminal Writ Petition is disposed of with liberty granted to the Petitioners to approach the jurisdictional Magistrate for enhancement of the maintenance already granted vide order dated 31.07.2019; the Magistrate shall consider any application so presented on its own merits and in accordance with law.

¶¶18

Detailed headnote1 paragraphs

Bombay High Court, Aurangabad Bench (Shailesh P. Brahme, J.) — Criminal Writ Petition No. 538 of 2025, Anita Ravindra Dupare and another v. Ravindra Devaji Dupare and others, decided 24 April 2025. The Petitioners, original applicants, challenged the judgment and order dated 06.07.2022 of the Additional Sessions Judge, Dhule in Criminal Appeal No.50/2019 enhancing the maintenance awarded to them vide order dated 31.07.2019; an enhancement application filed on 16.12.2021 during the appeal had been withdrawn on 25.11.2024. Counsel sought to lead evidence before the trial Magistrate and to apply under Section 25(2) of the Domestic Violence Act. Held: the Petitioners have a statutory remedy to approach the trial Magistrate for enhancement of maintenance by placing evidence on record; describing the prayer as innocuous, the Court disposed of the writ petition granting liberty to approach the jurisdictional Magistrate, who shall consider any such application on its own merits and in accordance with law.

Anita Ravindra Dupare and Another v. Ravindra Devaji Dupare and Others

Case brief

What is this about?

What did the court decide?

Anita Ravindra Dupare and Another v. Ravindra Devaji Dupare and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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