IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Revision Application No. 144 of 2009 1. JAIPAL S/O KISHORILAL BOBARIYA AND ANOTHER .. Petitioner/s R/O 13/5 NSK SOCIETY, RAVINAGAR, TEMPLE ROAD, CIVIL LINES, NAGPUR 2. YASHPAL S/O KISHORILAL BOBARIYA R/O 13/5 NSK SOCIETY, RAVINAGAR, TEMPLE ROAD, CIVIL LINES, NAGPUR VERSUS 1. SMITA W/O JAIPAL BOBARIYA AND ANOTHER .. Respondent/s C/O RAM VYAS, D102, BHAGSHARYEE APTT. PLOT NO. 2, NEW VERMA LAYOUT, NAGPUR 2. STATE OF MAH. THR. P.S. AMBAZHARI ------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders of directions Court's or Judge's Orders and Registrar's orders. ------------------------------------------------------------------------------- Mr. AM Rizwy, Advocate for the petitioners. Mr. DB Yengal, APP for respondent No. 2. CORAM : R. Y. GANOO, J. DATED : 04/8/2009 1. Notice to respondent No. 1 is not issued. 2. Heard learned Advocates on both sides. It is brought to the notice of this Court that learned Ad-hoc Assistant Sessions Judge-I, Nagpur by order dated 16/6/2009 directed payment of maintenance at Rs.3,000/- per month as also the petitioners was required to provide alternate accommodation or Rs. 5,000/-. According to the petitioners, he has complied with the order and despite that the learned Additional Sessions Judge has passed order dated 02/7/2009 vacating the stay. 3. Before this Court, it was sought to be argued that as the petitioners-husband has complied with order dated 16/6/2009, there was no reason for the learned Additional Sessions Judge to vacate the stay. 4. After having considered the entire record, it appears that there is some misunderstanding or confusion over the implementation of order dated 16/6/2009. In view of this, it will be necessary to allow the petitioners to present an application before the learned Additional Sessions Judge placing therein all details to show that the petitioners has complied with order dated 16/6/2009 and ask for further stay of the said order. Once that is done, the learned Additional Sessions Judge will be able to pass appropriate orders. In view of the aforesaid discussion, following order is passed. : If the petitioner claims that he has complied with order dated 16/6/2009, it is open for him to file an application in the Court of learned Ad hoc Additional Sessions Judge-I, Nagpur in Criminal Appeal No. 114 of 2009 showing therein that order dated 16/6/2009 is duly complied with. He shall annexe relevant documents in support of the said stand. Once that is done, the learned Ad hoc Additional Sessions Judge shall satisfy him about the said compliance and the contentions of the petitioners and then he shall pass an appropriate order on the said application. 5. With the aforesaid observations, the revision application stands disposed of at the stage of admission. 6. Hamdast is granted. JUDGE wwl