- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 18 OF 2010 IN REVISION APPLICATION No. 311 OF 2009 Nisha Parag Gada .. Applicant Vs. Parag Manilal Gada & Anr. ..Respondents Mrs. Rekha K. Mehta, for the Applicant. Respondent No. 1 in person. Mrs. D. R. More, APP for Respondent No.2. CORAM : B. R. GAVAI, J. DATED : MARCH 15, 2010. P.C. : 1. The applicant has filed this application seeking direction to the husband to pay Rs.62,000/-, and also to pay Rs.7,000/- per month before 5th day of every month. 2. The learned Sessions Judge in the proceedings initiated by the present applicant under the provisions of Protection of Women from Domestic Violence Act, 2005, modified the order of the trial Court dated - 2 - 20-10-2008 and by way of interim relief had directed the respondent/ husband to pay to the applicant interim maintenance @ Rs.7,000/- and rent @ Rs.7,000/- per month. The learned Sessions Judge vide order dated 24th November 2008 partly allowed the appeal and directed the payment of composite amount of Rs.14,000/- to be paid to the applicant. Being aggrieved thereby, present revision has been filed. 3. It appears that while granting rule, this Court has observed that the amount paid by the respondent to the applicant shall be paid and accepted without prejudice to the rights and contentions of the parties. It is the contention of the applicant that in spite of these directions, the respondent is not paying any amount. 4. The respondent/husband is personally present in the Court, disputes this position and submits that as and when he makes savings, he will make the payment of amounts to the applicant/wife. 5. Since there is an order of maintenance @ Rs.7,000/- per month in favour of the applicant, the applicant can very well take out the proceedings for execution of the said order. It is contention of the applicant that the learned counsel for respondent No.1 is not proceeding with the Execution Proceedings on the ground that revision is pending before this Court. - 3 - 6. It is made clear that in the event applicant proceeds for the Execution of the order passed by the learned Sessions Judge, pendency of revision application in this Court will not come in the way of proceeding with the Execution Proceedings, in accordance with law. In this view of the matter, application is disposed of. Sd/- [B. R. GAVAI, J.]