1 cr-wp-2526-10 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. W.P. NO. 2526 OF 2010 Shri. Vilas Dnyanoba Gore and Anr. ..Petitioners Vs. Ujwala Ajit Gore and Ors. ..Respondents .... Mr. Shiva Patil Adv. for petitioners Smt. Ujwala Ajit Gore respondent no.1 in person .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 13, 2010 P.C.: 1 Heard the learned advocate for the petitioners. Respondent no.1 appears in person. 2 The petitioners are grand parents of respondent nos. 2 and 3. Respondent no.1 is the daughter in law of the petitioners and mother of respondent nos.2 and 3. Respondent no.1 filed proceedings before the 2 cr-wp-2526-10 learned J.M.F.C. Cantonment Board, Pune under Domestic Violence Act. She had also filed Misc. Appln.No. 214 of 2009 in the said proceedings wherein she sought interim maintenance of Rs. 5,000/- for herself and the children. The said application came to be rejected by the learned Magistrate by order dated 6.6.09. The respondent no.1 preferred appeal against the said order before the Sessions Court i.e. Cri. Appeal No. 218 of 2009 which came to be partly allowed by judgment and order dated 6.5.2010. By judgment and order dated 6.5.2010, the petitioners were directed to hand over the custody of their grand daughter to respondent no.1 who is the mother of the child. By the said order the petitioners were directed to pay interim maintenance at the rate of Rs. 2500/- for each of the grand children till they attain majority. Being aggrieved by the said order, this petition has been preferred. 3 The learned advocate for the petitioners submitted that the respondent no.1 is running a beauty parlour and she has good income from the same from which she can maintain herself and the children. The respondent no.1 who is appearing in person in reply stated that earlier she was running a beauty parlour but at present, she is not running a beauty parlour and she is only working in a beauty parlour. Her income therefrom is not sufficient to maintain the two children. She 3 cr-wp-2526-10 has further submitted that the petitioners have some shops and other landed property, hence, it is possible for them to provide maintenance of Rs. 2500/- per month per child. 4 It is seen that this order pertains to interim maintenance and main proceedings are pending before the learned Magistrate wherein evidence will have to be led by both sides in support of their respective claims. Admittedly, respondent no.1 is working and the petitioner no.1 is about 63 years of age and age of petitioner no.2 is 60 years. The only son of the petitioners was married to respondent no.1, he expired in the year 2008. They have no other son. Looking to these facts, I am inclined to stay the order dated 6.5.2010 on certain conditions. 5 The order dated 6.5.2010 is stayed. However, the petitioners to deposit before the trial Court by 15.11.2010 an amount of arrears calculated at the rate of Rs. 2500/- per month i.e. Rs. 1250/- per child per month from 6.5.2010. In addition thereto, they will continue depositing Rs. 2500/- per month i.e. Rs.1250/- per month per child before the trial Court till the disposal of the matter before the learned Magistrate. It would be open to the respondent no.1 to prefer application for withdrawal of the said amount before the learned Magistrate. 6 Proceedings before the learned Magistrate are expedited and be disposed of as far as possible by 31.12.2010. 4 cr-wp-2526-10 7 The trial Court to decide the matter without being influenced by any observations made in this order. 8 Petition disposed of in above terms. [ SMT. V.K.TAHILRAMANI, J.]