Criminal Writ Petition No. 1572 of 2015 and Criminal Misc. Application No. 24 of 2016 in Criminal Writ Petition No. 1572 of 2015. Case: Deepak Laxminarayan Verma and Ors. Vs The State of Maharashtra and Ors.. High Court of Bombay (India)
| Case Number | Criminal Writ Petition No. 1572 of 2015 and Criminal Misc. Application No. 24 of 2016 in Criminal Writ Petition No. 1572 of 2015 |
| Counsel | For Appellant: S.I. Shelke, Adv. |
| Judges | R. M. Savant, J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Section 125 |
| Judgement Date | April 01, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
R. M. Savant, J.
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Rule, having regard to the challenge raised made returnable forthwith and heard.
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The Writ Jurisdiction of this Court is invoked against the order dated 10-3-2015 passed by the Learned Judge of the Family Court No. 4, Mumbai by which order, the application Exhibit 4 filed by the Respondent No. 2 herein for maintenance under Section 125 of the Criminal Procedure Code (CrPC), came to be partly allowed and the Petitioner who was the Respondent in the said proceedings was directed to pay interim maintenance @ Rs. 4000/- per month to the Petitioner wife from the date of the application i.e. 9-7-2012 (wrongly mentioned as 9-7-2014 in the order).
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The Petitioner and the Respondent No. 2 got married on 11-2-2005. The Petitioner husband had filed the Marriage Petition No.A-1935 of 2007 for divorce on the ground of cruelty. The said Marriage Petition it seems has been dismissed by the Family Court, Mumbai. The relations between the Petitioner and the Respondent No. 2 are estranged on account of which they are leaving separately. The Respondent No. 2 herein i.e. wife filed the application being No.E299 of 2012 under Section 125 of the CrPC for maintenance. The said application is founded on the fact that the Respondent No. 2 though a law graduate is pursuing post graduate studies in law i.e. LLM and is a student. It was the case of the Respondent No. 2 that she has no source of income and that she is some how maintaining herself with the assistance of friends and well wishers. It was also the case of the Respondent No. 2 that the Petitioner is working as a journalist and also has lot of ancestral properties. The Respondent No. 2 has claimed maintenance in the sum of Rs. 25,000/- per month. In the said application for maintenance the Respondent No. 2 filed an application for interim maintenance which is numbered as Exhibit 4. The case of the Respondent No. 2 was controverted by the Petitioner. It was the case of the Petitioner that the Respondent No. 2 is an Advocate practicing in various courts in Mumbai and earning a good amount as professional fees and therefore she is very well capable of maintaining herself. It was his case that the Respondent No. 2 has her own office at the address mentioned in her letter head from where she is carrying out her legal practice. It was further the case of the Petitioner that prior to she becoming an Advocate the Respondent No. 2 was a journalist. The Petitioner had therefore...
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