1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2361 OF 2005 CRIMINAL WRIT PETITION NO.2361 OF 2005 CRIMINAL WRIT PETITION NO.2361 OF 2005 Gurmeet Singh ...Petitioner Gurmeet Singh ...Petitioner Gurmeet Singh ...Petitioner Vs. Vs. Vs. 1. Reena Pahuja 1. Reena Pahuja 1. Reena Pahuja 2. State of Maharashtra ...Respondents 2. State of Maharashtra ...Respondents 2. State of Maharashtra ...Respondents ----- ----- ----- Mrs. Teja Katdare for Petitioner Mrs. Teja Katdare for Petitioner Mrs. Teja Katdare for Petitioner Mrs. Monica Sakhrani for Respondent No.1 Mrs. Monica Sakhrani for Respondent No.1 Mrs. Monica Sakhrani for Respondent No.1 Mrs. A.S. Pai A.P.P. for State Mrs. A.S. Pai A.P.P. for State Mrs. A.S. Pai A.P.P. for State CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. CORAM: B.H.MARLAPALLE & ROSHAN DALVI, JJ. DATED: 12TH JANUARY, 2006 DATED: 12TH JANUARY, 2006 DATED: 12TH JANUARY, 2006 P.C. P.C. P.C. 1. Heard the learned Counsel for the 1. Heard the learned Counsel for the 1. Heard the learned Counsel for the Petitioner/husband. Pending Petition No.E-211 of 2003 Petitioner/husband. Pending Petition No.E-211 of 2003 Petitioner/husband. Pending Petition No.E-211 of 2003 for maintenance under Section 125 Criminal Procedure for maintenance under Section 125 Criminal Procedure for maintenance under Section 125 Criminal Procedure Code the learned Judge of the Family Court by her Code the learned Judge of the Family Court by her Code the learned Judge of the Family Court by her order dated 30th November 2004 was pleased to grant order dated 30th November 2004 was pleased to grant order dated 30th November 2004 was pleased to grant interim maintenance at the rate of Rs.3500/- p.m. for interim maintenance at the rate of Rs.3500/- p.m. for interim maintenance at the rate of Rs.3500/- p.m. for each of the 2 children namely Karan aged about 14 each of the 2 children namely Karan aged about 14 each of the 2 children namely Karan aged about 14 years and Shivani aged about 10 years. The Petitioner years and Shivani aged about 10 years. The Petitioner years and Shivani aged about 10 years. The Petitioner filed an application for review of the said order and filed an application for review of the said order and filed an application for review of the said order and it was dismissed on 16th July 2005. Hence, this it was dismissed on 16th July 2005. Hence, this it was dismissed on 16th July 2005. Hence, this Petition. Petition. Petition. 2. We have noted that the original Petitioner, 2. We have noted that the original Petitioner, 2. We have noted that the original Petitioner, wife received an amount of Rs.5,74,500/- and from its wife received an amount of Rs.5,74,500/- and from its wife received an amount of Rs.5,74,500/- and from its investment she has been getting an amount of Rs.2500/- investment she has been getting an amount of Rs.2500/- investment she has been getting an amount of Rs.2500/- p.m. by way of an interest. She stated before the p.m. by way of an interest. She stated before the p.m. by way of an interest. She stated before the 2 Family Court that she has to incur an amount of Family Court that she has to incur an amount of Family Court that she has to incur an amount of Rs.6000/- per month for the upbringing of each child Rs.6000/- per month for the upbringing of each child Rs.6000/- per month for the upbringing of each child including their school fees etc. and the Learned including their school fees etc. and the Learned including their school fees etc. and the Learned Judge of the Family Court considered the income-tax Judge of the Family Court considered the income-tax Judge of the Family Court considered the income-tax returns submitted by the Petitioner and granted an returns submitted by the Petitioner and granted an returns submitted by the Petitioner and granted an amount of Rs.3500/- p.m. for each child towards amount of Rs.3500/- p.m. for each child towards amount of Rs.3500/- p.m. for each child towards interim maintenance. interim maintenance. interim maintenance. 3. We do not find any reason to interfere with 3. We do not find any reason to interfere with 3. We do not find any reason to interfere with the interlocutory order and therefore, the Petition is the interlocutory order and therefore, the Petition is the interlocutory order and therefore, the Petition is rejected summarily. We direct that the Petition rejected summarily. We direct that the Petition rejected summarily. We direct that the Petition No.E-211/03 be heard and decided as speedily as No.E-211/03 be heard and decided as speedily as No.E-211/03 be heard and decided as speedily as possible preferably within a period of 6 months from possible preferably within a period of 6 months from possible preferably within a period of 6 months from the receipt of the Writ from this Court. the receipt of the Writ from this Court. the receipt of the Writ from this Court. (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.) (ROSHAN DALVI, J.) (B.H.MARLAPALLE, J.)