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2023 Supreme(Bom) 671

G. A. SANAP
Ahsanullah @ Javed Khan S/o Chand Khan – Appellant
Versus
Shahana Parvin @ Brijis W/o Ahsanullah @ Javed Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.N. Sen.
For the Respondent: Mohtesim Badar.

JUDGMENT :

G.A. SANAP, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of learned Advocates for the parties at the stage of admission.

2. In this criminal revision application, challenge is to the judgment and order dated 17.11.2021 passed by the learned Sessions Judge, Akola, whereby the learned Sessions Judge dismissed the appeal filed by the applicant and allowed the Criminal Appeal filed by the non-applicant and enhanced the amount of maintenance quantified by the Magistrate and awarded the same at the rate of Rs.16,000/- per month to the non-applicant/wife and Rs.2,500/- to the minor son from the date of the application i.e. 01.03.2014.

3. The facts are as follows:

    In this judgment, the parties would be referred by their nomenclature in Miscellaneous Criminal Application filed under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (for short “the D.V. Act”). The non-applicant is the original applicant. The applicant is the original non-applicant No. 1. He would be referred to as a non-applicant. It is the case of the applicant that she got married with the non-applicant on 07.01.2001. She begotten three children in the wedlock. In the main

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