IN THE HIGH COURT OF JUDICATURE AT BOMBAY TRUSHA CRIMINAL APPELLATE JURISDICTION TUSHAR MOHITE Digitally signed by TRUSHA TUSHAR INTERIM APPLICATION NO. 132 OF 2025 MOHITE Date: 2025.04.01

14:30:40 +0530 IN WRIT PETITION NO. 4490 OF 2024 Komal Kushal Kamble & Anr. .. Applicants Versus Kushal Kaluram Kamble & Anr. .. Respondents Mr. Mohit Khanna a/w Mr. Pranav Narsaria i/b Mr. Pravin Patil for the Applicants.

None for the Respondents.

CORAM : FIRDOSH P. POONIWALLA, J.

RESERVED ON : 27^th FEBRUARY, 2025 PRONOUNCED ON : 1^st APRIL, 2025 JUDGEMENT :-

1. By this Interim Application, the Applicants (Original Petitioners in Writ Petition No. 4490 of 2024) are seeking a review of the Judgement dated 29^th November 2024, passed by this Court in Writ Petition No. 4461 of

2024 and Writ Petition No. 4490 of 2024.

2. By a Judgement dated 7^th June 2024, the Family Court-2, Pune had granted the Applicants maintenance under Section 125 of the Code of Criminal Procedure, 1973 of Rs. 10,000/- per month from the date of the Judgement i.e. 7^th June, 2024 and of Rs. 6,000/- per month from the date of the Application till the date of the Judgement.

3. The said Judgement dated 7^th June, 2024 was challenged by the Applicants as well as by Respondent No.1 by filing the aforesaid Writ Petitions before this Court.

4. By a Judgement dated 29^th November, 2024, this Court allowed Writ Petition 4490 of 2024 filed by the Applicants and dismissed Writ Petition No. 4461 of 2024 filed by Respondent No.1.

5. At the time of arguments, the Applicants did not make any submissions regarding grant of interest on the maintenance amount granted. After the hearing on 29^th November, 2024, the Applicants became aware of a Judgement dated 10^th May, 2024 of the Aurangabad Bench of this Court passed in the case of Prakash Vs. Vithabai 2024 SCC Online Bombay 1487. By the said Judgement, it was held by this Court that interest is required to be mandatorily granted on the arrears of maintenance awarded by all Courts in Maharashtra.

6. It is the case of the Applicants that the Judgement in the case of Prakash (supra) laid down a clear legal position in respect of mandatorily granting interest on the maintenance awarded and is a binding president. Thus, non-granting of interest on the maintenance amount awarded by this Court in its Judgement dated 29^th November, 2024, in view of the settled law laid down in Prakash (supra), becomes an error apparent on the face of record. It is the case of the Applicants that the same is required to be corrected by this Court and therefore the present Interim Application has been filed seeking review of the said Judgement dated 29^th November, 2024.

7. The Respondents, though served, have not appeared in the matter. The Advocates for the Applicants have filed an Affidavit of Service dated 27^th February, 2025 proving service of the present Interim Application on the Respondents.

8. Mr. Mohit Khanna, the learned counsel appearing on behalf of the Applicants, made submissions in support of the Interim Application.

9. As far as the maintainability of the present Interim Application is concerned, Mr. Khanna submitted that the embargo against seeking review contained in Section 362 of the Code of Criminal Procedure, 1973, (Section

403 of the Bharatiya Nagarik Suraksha Sanhita, 2023) is relaxed in proceedings under Section 125 of the Code of Criminal Procedure, 1973 (“the CrPC). In support of this submission Mr. Khanna relied upon the Judgement of the Hon’ble Supreme Court in Sanjeev Kapoor Vs. Chandana Kapoor & ors.

(2020) 13 SCC 172.

10. Further, Mr. Khanna submitted that non-consideration of a prior binding Judgement amounts to an error apparent on the face of the record and thus a review is maintainable. In support of this submission Mr. Khanna relied upon the following Judgements i) Tinkari Sen and Others Vs. Dulal Chandra Das AIR 1967 Calcutta 518 , ii) Selection Committee for Admission to the Medical and Dental College Bangalore Vs. M.P. Nagaraj 1971 SCC Online Kar