- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL REVISION REVISION REVISION APPLICATION NO.112 OF 2008 APPLICATION NO.112 OF 2008 APPLICATION NO.112 OF 2008 Kajas Nazar Pawar ...Applicant vs. Vaishali Kajas Pawar & Anr. ...Respondents Mr.Machhindra Deshmukh i/b Milind Deshmukh for applicant Ms A.T.Javeri A.P.P. for State Mr.S.R.Mithare for Respondent no.1 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 20,2009 : APRIL 20,2009 : APRIL 20,2009 P.C.: P.C.: P.C.: 1. Rule. The learned counsel for the first respondent waives service. Learned A.P.P. waives service for second respondent. Taken up for final disposal forthwith. 2. The challenge in this revision application is to the order dated 15th January 2009 passed by the learned Judge of Family Court at Mumbai under the provisions of section 125 of Code of Criminal Procedure,1973 (hereinafter referred to as the said Code) directing the petitioner to pay monthly allowances of Rs.5000/- to the first respondent. The main ground of challenge is that the order has been passed exparte in the sense that the petitioner has not defended the application under section 125 of the said Code. Having regard to the averments made in this application, an opportunity deserves to be granted to the petitioner to contest the petition under section 125 of the said Code on merits. However, the - 2 - petitioner will have to pay reasonable amount by way of interim maintenance to the first respondent. The petitioner has already deposited cost of Rs.5,000/- in this court. The said amount will be payable to the first respondent by way of costs of this petition. For meeting the costs of the petition under section 125 of the said Code, the petitioner will have to deposit further amount of Rs.5,000/- in the Family Court. 3. Hence, I pass the following order : i) Impugned Judgment and order dated 15th January 2008 is quashed and set aside. Petition No.E 66/2006 is restored to the file. ii) The parties are directed to appear before the Family Court at Mumbai on Monday 8th June 2009 at 11.00 a.m. On that day, it will be open for the petitioner to file a reply to the petition under section 125 of the said Code. No further time will be given to file the reply. iii) The petitioner will pay interim maintenance at the rate of Rs.2200/- per month from January 2008 till the disposal of the petition under section 125 of the said Code. iv) This order will not preclude the Family Court from - 3 - granting maintenance from the date of filing of the petition i.e. 20th January 2006. v) The arrears of interim maintenance, if any, to be paid by the petitioner on or before 8th June 2009. The petitioner will also deposit a sum of Rs.5000/- with the Family Court on or before 8th June 2009 by way of costs of the proceeding under section 125 of the said Code. vi) The petition under section 125 of the said Code shall be decided by the Family Court in accordance with law as expeditiously as possible and preferably on or before 30th September 2009. vii) The first respondent is permitted to withdraw a sum of Rs.5000/- deposited in this court. viii) Revision application is partly allowed in above terms. JUDGE JUDGE JUDGE