1 906-Cri.WP-651-19 & Cri.Rev.Appln-164-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

CRIMINAL WRIT PETITION NO.651 OF 2019

Sow Nirmala Vishnu Sampate,

Age: 65 years, occu: Household

r/o Pangaon at present house of

Natakar Sambhaji nagar, Khadgaon

road, Latur

...Petitioner

Versus

Vishnu Venkati Sampate,

Age : 66 years, occu: Agri

R/o Pangaon Tq. Renapur

Dist. Latur

...Respondent

Mr Girish N. Kulkarni (Mardikar), Advocate for Petitioner

Mr Suraj V. Gundre, Advocate for Respondent

AND

CRIMINAL REVISION APPLICATION NO. 164 OF 2019

Vishnu S/o Vyankati Sampate,

Age : 61 Yrs., occ: Agril.,

R/o Pangaon Tq. Renapur,

Dist. Latur.

.

..Applicant

(Orig. Respondent)

Versus

Sow. Nirmala W/o. Vishnu Sampate,

Age: 56 years, occ. - Household

R/o At present Natekar House,

Sambhaji Nagar, Khadgaon Road,

Latur

...Respondent

(Orig. Applicant)

Mr Suraj V. Gundre, Advocate for Applicant

Mr Girish N. Kulkarni (Mardikar), Advocate for Respondent

2 906-Cri.WP-651-19 & Cri.Rev.Appln-164-19

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 18^th OCTOBER, 2022

ORDER :

1.

Heard finally with consent of both the sides at admission stage.

2.

The dispute in narrow compass is about availing remedy under

the provisions of the Protection of Women from Domestic Violence Act,

2005 (hereinafter referred to as “the D.V. Act” for the sake of

convenience).

3.

The petitioner in Criminal Writ Petition No. 651/2019 is stated to

be wife of respondent/Vishnu, who has filed Criminal Revision Application

No. 164/2019. The petitioner has initiated the proceedings under the D.V.

Act against the respondent before the learned Judicial Magistrate First

Class at Latur in the year 2015 and sought various reliefs vide

proceedings of Criminal M.A. No. 227/2015. The learned Magistrate was

pleased to partly allow the application and directed to the

respondent/husband to pay Rs. 5,000/- per month to the wife towards

maintenance from the date of filing of the application. In addition, he shall

pay compensation of Rs.25,000/-. The respondent/husband was also

directed to pay house rent at the rate of Rs.1,500/- per month.

4.

Feeling aggrieved by the order of Judicial Magistrate First Class

in Criminal M.A. No.227/2015, the respondent/husband has filed PWDV

Criminal Appeal No. 01 of 2018 before the Sessions Court at Latur, which

was assigned to the learned Additional Sessions Judge, Latur. The

3 906-Cri.WP-651-19 & Cri.Rev.Appln-164-19

learned Additional Sessions Judge, Latur after hearing both the sides was

pleased to modify the order passed by the learned Magistrate and directed

to the respondent/husband to pay maintenance allowance @ Rs.5,000/-

per month inclusive of amount of Rs. 2,000/- per month granted to her in

the decree passed in Special Civil Suit No. 97/2004 and rent @ Rs. 1500/-

per month. The order of granting compensation of Rs.25,000/- came to be

set aside while deciding the appeal.

5.

Feeling aggrieved by the impugned Judgment and order

passed by the learned Additional Sessions Judge, Latur dated 15.03.2019

in PWDV Criminal Appeal No. 01 of 2018, the petitioner/wife has

preferred Criminal Writ Petition No. 651/2019 whereas

husband/respondent has preferred Criminal Revision Application No.

164/2019.

6.

Both proceedings are being disposed of by common order.

7.

Heard Mr Girish Kulkarni, learned counsel for the petitioner in

Criminal Writ Petition No. 651/2019 and Mr Suraj Gundre, learned counsel

for the respondent/husband (Criminal Revision Application No. 164/2019).

8.

Mr Gundre, learned counsel for the respondent/hu