1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Cr. Appln. No. 2594/2008 Subhash Naresh Motkar Vs. Sau. Alka Subhash Motkar and other ----------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's order Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------------ Mr. Patil, Adv. for the applicant. Coram : A.P. Lavande,J. Dated : 13th April, 2009. Liberty to convert the Criminal Application under Section 482 of the Code of Criminal Procedure into Criminal Revision Application. Registry to register the Criminal Application as Criminal Revision Application. By this Criminal Revision Application, the applicant challenges the judgment and order dated 27.5.2008 passed by Sessions Judge, Akola has increased maintenance in favour of the respondents from Rs. 300/- to Rs. 1000/- per month. According to Mr. Patil, the Sessions Judge ought not to have granted maintenance from the date of filing of the application and at the most the Sessions Judge could have directed payment of maintenance from the date of the order. Mr. Patil further submitted that the applicant is poor person and is not in a position to pay arrears of maintenance from the date of the application till the date of 2 the judgment. He further submitted that the applicant has been regularly paying Rs 1000/- per month from the date of the judgment. Having considered the submissions made by Mr. Patil and having perused the record, I do not find any merit insofar as the argument of Mr. Patil that the application ought not to have granted maintenance from the date of filing of the application. The Sessions Judge, in my opinion, perfectly justified in granting maintenance from the date of application. However, insofar as arrears of maintenance are concerned, it is just and proper to grant time to the applicant to pay/deposit arrears of maintenance. The applicant is granted time of three months to pay arrears of maintenance from the date of the application i. e. 23rd November, 2005 till the date of judgment i. e. 27.5.2008. This order is passed since according to Mr. Patil, from the date of judgment passed by Sessions Judge, the applicant has been regularly paying maintenance of Rs. 1000/- per month to the respondents. In case the applicant has not been paying maintenance Rs. 1000/- per month from the date of judgment, liberty to the respondents to take appropriate proceedings against the applicant. Criminal Revision Application stands disposed of accordingly. JUDGE 3 Ambulkar.