15. cr appln 3840-10.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 3840 OF 2010 Lokesh Ramlal Agarwal .. Applicant Vs Pushpa Lokesh Agarwal & Anr .. Respondents Mr. Gajendra Jadhav for the Applicant Ms. Mallika Ingale for Respondent no. 1 Ms. M.M. Deshmukh, APP for the State CORAM : SMT. V.K. TAHILRAMANI, J DATE : 5th OCTOBER, 2010. P.C.: 1. Heard learned advocate for the applicant-husband, learned advocate for respondent-wife and learned APP for the State. 2. The respondent-wife filed an application under the Protection of women from Domestic Violence Act against the applicant-husband being CC NO. 607N/2008 which is pending before learned Metropolitan Magistrate, 26th Court, Borivali, Mumbai. The learned Magistrate by order dated 23rd April 2010 directed the applicant to pay Rs. 4000/- per month by way of interim maintenance to respondent no. 1 from the date of filing of the application. Being 1 15. cr appln 3840-10.doc aggrieved thereby, the applicant approached the Sessions Court. The Sessions Court by order dated 17th August 2010 passed the following order: "The impugned order of payment of interim maintenance at the rate of Rs. 4000/- per month has not been complied by the appellant. Hence, he is directed to pay the arrears thereto and serve notice to the respondents by paying process fees today itself.: Being aggrieved thereby, the applicant has approached this Court. 3. The amount of arrears comes to approximately Rs. 90000/- Pursuant to the order dated 6th September 2010 passed by this Court, the applicant has deposited an amount of Rs. 50000/- before the trial Court. The applicant also undertakes that he will continue to deposit Rs. 2000/- per month towards maintenance of respondent before the trial Court. In view of the above undertaking, the order dated 23rd April 2010 passed by the learned Magistrate is stayed till disposal of the proceedings before the learned Magistrate. The said amount of Rs. 2000/- be deposited before 15th of every month. 4. The respondent no.1 is at liberty to withdraw the amount from the trial Court. 5. Learned advocate for the applicant states that in view of this order, he will not press the appeal before the Sessions Court and he will withdraw the same. The 2 15. cr appln 3840-10.doc statement is accepted. The proceedings before the Magistrate are expedited and the same be disposed of as far as possible within six months. 6. Application disposed of in above terms. [SMT. V.K. TAHILRAMANI, J.] 3