1 cr-wp-1475-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.W.P. NO. 1475 OF 2010 Shri. Mohammad Hanif Miyalal Mujawar ..Petitioner vs. Kum. Mehtaj Mohammad Hanif Mujawar and Anr. ..Respondents .... Mr. Sandeep S.Koregave Adv. for Petitioner Mr. G.M.Savagave Adv. for respondent nos.1 and 2 Mr. S.A.Shaikh APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 04, 2010 P.C.: 1 Heard the learned advocate for the petitioner-husband and the learned advocate for the respondent nos. 1 and 2 who are daughter and son of the petitioner. 2 The petitioner is seeking quashing of order dated 8.12.2009 in M.A.No. 57 of 2009 passed by the learned J.M.F.C. Vashi thereby granting maintenance to the respondent nos.1 and 2. By the said order, the learned Magistrate directed the petitioner herein to pay interim 2 cr-wp-1475-10 maintenance to his two children i.e. respondent nos.1 and 2 at the rate of Rs.1500/- per month from the date of the application till the matter is disposed of. 3 It is not disputed that the petitioner is working as Assistant- cum-Receptionist in a hospital in Kolhapur. An affidavit has been filed by the petitioner to show that his income is Rs.2800/- per month. The respondent has not filed any counter affidavit denying the same. However, learned advocate for the respondents has stated that the petitioner has agricultural land of about 2 acres 7 gunthas and cash crops are grown therein. Perusal of 7x12 extract, shows that the land stands in the name of five people including the petitiooner. Thus, obviously all these five persons will have a share in the income derived from the said land. The learned counsel for the respondent has not stated how much income is generated from the said land. In any event, it is an aspect which will have to be gone into after appreciating the evidence led before the learned Magistrate. The matter is still pending before the learned Magistrate, hence, it would be open to both the sides to lead evidence. 4 By order dated 16.7.2010 this Court after taking into consideration various aspects including income from the agricultural land by way of interim relief stayed the order granting maintenance to the 3 cr-wp-1475-10 minor children of Rs.3000/-. In the order dated 16.8.2010, this Court modified the said order after considering various aspects and directed that the petitioner should pay an amount of Rs.750/- per month per child. Therefore, the order of the learned Magistrate came to be modified and instead of Rs. 1500/- per month per child, it was reduced to Rs.750/- per month per child. However, this Court by order dated 16.7.2010 had directed the petitioner to deposit an amount of Rs.5000/- on or about 22.7.2010 in the Court of J.M.F.C. Vashi towards the arrears of maintenance. The said amount is admittedly deposited by him before the Court of learned J.M.F.C. Vashi. 5 By order dated 16.7.2010 this Court had directed the petitioner to further deposit an amount of Rs.5000/- on or before 27.8.2010. The learned advocate for the petitioner states that a Demand Draft dated 24.8.2010 was drawn in the name of the wife of the petitioner but however, the same could not be deposited in the Court as it was vacant. He now hands over to learned advocate for the respondent the said Demand Draft bearing No. 458852 in the sum of Rs. 5000/- drawn in the name of Kausar Yashin Mulla i.e. the mother of the two children. The learned advocate for the petitioner states that out of the arrears of amount calculated at the rate of Rs.750/- per month per child, the petitioner has already paid Rs.10,000/- (Rs.5000/- was 4 cr-wp-1475-10 deposited earlier and Rs.5000/- is handed over today by Demand Draft to mother of the children). The learned advocate for the petitioner stated on instructions that the balance amount of arrears calculated at the rate of Rs.750/- per child will be deposited before the learned J.M.F.C. Vashi within a period of eight weeks from today and the petitioner will also continue to deposit amount of Rs.750/- per child, per month by the 15th day of every month in the Court of J.M.F.C. Vashi during the pendency of the proceedings before the J.M.F.C. Vashi. In view of this assurance given to the Court, stay granted by the order dated 16.7.2010 to continue till the disposal of the proceedings before the learned J.M.F.C. Vashi subject to above conditions. 6 Petition disposed of in the above terms. 7 The learned Magistrate to dispose of the proceedings before him without being influenced by any observation in this order. [ SMT. V.K.TAHILRAMANI, J.]