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2021 Supreme(Bom) 571

VIBHA KANKANWADI
Nayan S/o Govindrao More – Appellant
Versus
Chaitali – Respondent


Advocates appeared:
M.V.Salunke, Advocate

JUDGMENT

1. Heard learned Advocate appearing for the petitioners.

2. Petitioners intend to challenge the order passed below Exhibit-4 dated 07-09-2020 in Criminal Miscellaneous Application No.69 of 2019 by learned Judicial Magistrate First Class, Ambajogai. The said application has been filed by the present respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the said Act'). The order has been passed under Section 23 of the said Act directing the petitioner No.1 to pay maintenance at the rate of Rs.25,000/- per month.

3. A preliminary objection will have to be raised regarding the maintainability of the writ petition, when Section 29 of the said Act makes a specific provision for an appeal. The learned Advocate appearing for the petitioners then submitted that it was the interim order that was passed and there is no specific provision and it cannot be said to have been included in Section 29 of the said Act. The constitutional jurisdiction of this Court is always open and, therefore, the writ petition is maintainable. However, in the alternative, the learned Advocate for the petitioners also submitted that if this Court

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