1 WP-1128-08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 1128 OF 2008 Sakshi Santosh Kalamkar ... Petitioner Vs. Santosh Pandurang Kalamkar & Anr. ... Respondents Mr. Sonia Miskin, Advocate, for the petitioner. Mr. V.C.Ghosalkar,Advocate for the respondent. Ms. S.V.Gajare, APP, for the respondent No.2 - State. CORAM: J.H.BHATIA,J. DATE : 27th July, 2010. P.C. 1. Heard the learned Counsel for the parties. 2. The petitioner is wife of the respondent. The petitioner-wife and minor daughter had filed Criminal Application No.72/2006 before the JMFC, Khed, against the respondent for maintenance under Sec. 125 Cr.P.C. That application was allowed and the learned Magistrate had directed the respondent to pay maintenance at the rate of Rs.600/- per month to the wife as well as minor daughter from the date of application. The revision filed by the respondent- husband against the wife was allowed and the order passed by the learned Magistrate granting maintenance to the wife was set aside on the ground that she was not willing to live with the husband. That order was challenged in the present 2 WP-1128-08.sxw petition by the wife. In view of the circumstances, this Court directed the parties to remain present before the Court and today the petitioner and the respondent are present with their respective Counsel. While the petitioner is willing to go to her husband's house, the learned Counsel for the respondent makes a statement that now the respondent is not willing to take her to his house on the ground that he has already filed a divorce petition. 3. In view of this development, after some discussion, with consent of the learned Counsel for both the parties, the Writ Petition is allowed and the impugned order passed by the Sessions Court in Revision Application No.3/2007 is set aside and the order passed by the learned JMFC, Khed, granting maintenance to the petitioner is hereby restored. 4. The petitioner shall make payment of the arrears of the maintenance amount till July 2010 within one month and shall thereafter pay maintenance regularly beginning with the month of August 2010 payable in September, 2010 Petition stands disposed of accordingly. (J.H.BHATIA,J.)