Advocates:
['SAMEER VISHWAS SOHONI', '', 'SUKRUT S SOHONI', 'GAURAV SINGH SENGAR APPOINTED', '', 'RUSHAK BAWISKAR', 'RAJU L KADU']

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apl1329.19.J.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CRIMINAL APPLICATION (APL) NO.1329 OF 2019

Mahendra s/o Deoraji Jaunjal

Aged about 42 years,

Occ: Service, R/o Near Water Tank,

Deori, Tah. Deori, Dist. Gondia.

.......APPLICANT

...V E R S U S...

1.

Vaishali w/o Mahendra Jaunjal

Aged about 34 years,

Occ: Proprietor of Coaching Classes,

R/o C/o Keshavrao Karare, Satva Mata

Mandir, Saoner, Tah. Saoner, Dist. Nagpur.

2.

Master Piyush s/o Mahendra Jaunjal

Aged about 7 years, Occ: Nil,

through his natural guardian mother

R/o C/o Keshavrao Karare,

Satva Mata Mandir, Saoner,

Tah. Saoner, Dist. Nagpur.

.......NON-APPLICANTS

RESPONDENTS

--------------------------------------------------------------------------------------------

Mr. S.S. Sohoni, Advocate for Applicant.

Ms. Priya Thakre, Advocate for Non-Applicants.

--------------------------------------------------------------------------------------------

CORAM:

ROHIT B. DEO, J.

DATE:

2

nd

MARCH, 2021.

ORAL JUDGMENT:

The applicant is aggrieved by the order dated

21.05.2019 rendered by the Civil Judge, Junior Division, Saoner

in Miscellaneous Criminal Application 299/2018 whereby the said

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application is partly allowed and the applicant – the original

non-applicant is directed to pay interim maintenance of

Rs.10,000/- per month to non-applicant 1 effective from the date

of filing of the application, and the judgment dated 23.10.2019

rendered by the learned Additional Sessions Judge-9, Nagpur in

Criminal Appeal 179/2019 which upholds the order of interim

maintenance and dismisses appeal.

2.

The wedding of the applicant and non-applicant 1

was solemnized on 24.03.2010. Non-applicant 2 is the child from

the wedlock.

3.

Non-applicant 1 preferred Miscellaneous Criminal

Application 299/2018 invoking the provisions of Sections 12, 18,

19 and 23 the Protection of Women from Domestic Violence Act,

2005 (D.V. Act). The domestic abuse to which non-applicant 1 was

allegedly subjected, is described vividly and with particularity.

4.

Non-applicant 1 further preferred application Exh.16

seeking interim maintenance of Rs.25,000/- per month. She

alleged that after subjecting her to mental and physical abuse in

connection with the demand of dowry, and otherwise subjecting

her to cruelty, her husband – the applicant herein deserted her

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forcing her to live with her parents at their mercy. She avers that

the husband is in a government service and earns monthly salary

of Rs.50,000/-.

5.

The husband opposed the application, inter alia on

the ground that he was already making payment of Rs.1500/- as

maintenance in view of order dated 05.02.2015 in Miscellaneous

Criminal Application 123/2012 which is initiated under Section

125 of the Criminal Procedure Code, 1973 (Code). The husband

generally denied the allegations levelled by the wife and in

particular pleaded that the wife is highly educated and holds the

qualification B.A. B.Ed with English Literature. The husband

averred that the wife is conducting coaching and tuition classes at

Saoner and is earning Rs.30,000/- to Rs.35,000/- per month.

Notably, the husband did not come clean on his monthly income

although he generally denied the averment that his monthly

income is Rs.60,000/-.

6.

I called upon the learned counsel for the applicant

husband to make available for my perusal the copy of the salary

slip. In response, the learned counsel states that he is not

possessing copy of the salary slip and that the income of the

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husband is referred to in the order rendered by the learned

Magistrate.

7.

The learned Magistrate observes, and rightly so, that

while deciding entitlement to interim maintenance, the merit

need not be examined minutely and it would suffice if the

application makes out a prima facie case of the wife not being in a

position to maintain herself. The learned Magistrate notes that the

wife is maintaining the child from the wedl