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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (APPW) NO. 290 OF 2019 IN
CRIMINAL WRIT PETITION NO. 186 OF 2019
Vinita Anand Bagde .Vs. Anand Udhao Bagade.
__
Office Notes, Office Memoramda of Coram,
appearances, Court’s orders of directions Court’s or Judge’s orders.
and Registrar’s Orders.
Mr. R.R. Vyas, Advocate for applicant/respondent.
Mr. A.M. Sharma, Advocate for non applicant/petitioner.
CORAM : V. M. DESHPANDE, J.
DATED : DECEMBER 05, 2019
This is an application for modification of order
dated 20.11.2019 and permission to deposit amount of
Rs.85,000/-.
Reply to this application is tendered in the Court,
which is taken on record.
Heard Mr. R.R. Vyas, learned counsel for
respondent/applicant and Mr. A.M. Sharma, learned counsel
for the petitioner/non-applicant.
Parties to this writ petition are husband and wife
though divorce petition is pending before the Family Court
at Nagpur. The parties will be referred as husband and wife
in this order.
Wife filed proceedings under the provisions of the
Protection of Women from SectionDomestic Violence Act, 2005 in
the Court of learned Magistrate. The said proceedings were
registered as Miscellaneous Criminal Application
No.1936/2010. The proceedings were contested by the
husband except contest about their inter se relations .
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Learned Judicial Magistrate First Class, Nagpur
on 12.12.2013 partly allowed the application filed by the
wife. Operative portion of the order dated 12.12.2019
reproduced as under:
“1. Application is partly allowed.
2. Non-applicants are hereby prohibited from committing
aiding, abetting in the commission of acts of domestic
violence to applicant.
3. Non-applicant no.1 is directed to pay rent of amount of
Rs.5,000/- (Rs. Five Thousands only) per month to applicant
for her separate residence.
4. Non-applicant No.1 is directed to pay medical expenses of
Rs.31,000/- (Rs. Thirty One Thousands Only) to applicant.
5. Copy of judgment be given free of cots to both parties.
6. Copy of this order be given to concerned police station. ”
Being aggrieved by the said order husband and
other non applicant in Miscellaneous Criminal Application
No.1936/2010 approached to this Court by filing Criminal
Writ Petition No. 798/2017. This Court (Coram : S.B.
Shukre, J.), on 11.01.2018, decided the said writ petition.
It will be useful to reproduce hereinbelow paragraphs 13 to
16 in the said judgment :
“13. It is further directed that the petitioner no.1 shall pay
medical expenses of Rs.16,000/- to the respondent.
14. The impugned order stands modified in the above terms,
while other operative parts of the impugned order stands
confirmed.
15. The rent amount of Rs.5,000/- per month shall started
to be deposit from the month of January, 2018 and it shall
be credited directly into the Saving Account No.
874610110009826 of the respondent with Bank of India,
Kadbi Chowk Branch, Nagpur on or before 10 th day of every
month.
16. For the month of January, 2018, rent is permitted to be
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3 crwp186.19.odtdeposited latest by 20 th January, 2018 by crediting it to the
said account of the respondent.”
After said, husband and other relatives filed
Criminal Application (APPW) No. 35/2018 in Criminal Writ
Petition No.798/2017 for clarification of order dated
11.01.2018. The said application was decided on
31.03.2018. It will be useful to reproduce the said order
hereinbelow :
“The order dated 11 th January, 2018 is clear and requires
no further clarification or elaboration. However, to put it
on record it is reiterated by this order that the rent amount
of Rs.5,000/- per month has been directed to be deposited
from the month of January, 2018 and the mode of deposit
has been fixed to be by way of crediting it directly to the
Saving Account No. 874610110009826 of the respondent
with Bank of India, Kadbi Chowk Branch, Nagpur on or
before 10th day of every month. If there are any arrears
recoverable from the petitioner, the respondent is at liberty
to initiate appropriate proceedings in this matter.”
In the meanwhile, execution proceedings were
filed i.e. Miscellaneous Criminal Application No. 3260/2016.
The learned Judicial Magistrate First Class, Nagpur vide
order dated 03.09.2018 dismissed the execution
proceedings. Against that, the present writ petition is filed.
Notice on this writ petition filed by the wife was issued on
20.11.2019. The counsel for the husband and wife were
heard and the order was passed that the husband shall
deposit Rs.1,90,000/- within a period of 10 days before this
Court without fail.
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Thereafter the present applicant is filed for
modification of order dated 20.11.2019 and also seeking
permission to deposit an amount of Rs. 85,000/-. According
to the learned counsel for the husband he was liable to pay
rent from 11.01.2018 as directed in Criminal Writ Petition
No.798/2017. Thus till November, 2019 he was required to
pay respondent at the rate Rs.5,000/- per month for 23
months that comes to Rs.1,15,000/- (Rupees One Lac Fifteen
Thousands only), out of that he has already paid Rs.30,000/-
and therefore he is required to pay only Rs.85,000/-.
The said is vehemently opposed by the learned
counsel for the wife.
Prima facie, it is clear from the judgment passed
by this Court on 11.01.2018 that this Court has not modified
Clause 3 of operative portion of order dated 12.12.2013
passed by learned Judicial Magistrate First Class, Nagpur.
Order dated 11.01.2018 and order dated 21.03.2018 only
show that from January, 2018 husband was required to pay
amount directly in the saving bank account of the wife as
mentioned in those two orders.
Order passed by learned Magistrate on
12.12.2013 does not show that learned Magistrate directed
the husband to pay rent from the date of judgment.
Therefore, husband will be liable to pay the rent at the rate
of Rs.5,000/- per month from the date of the order i.e.
12.12.2013 till 12.12.2019 i.e. for 71 months and rent for
this period at the rate of Rs. 5,000/- will be Rs.3,55,000/-
(Rupees Three Lac Fifty Five Thousands only).
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Learned counsel for the wife submitted that the
wife has already received amount of Rs.1,56,000/- after
taking the said into account, the husband’s liability towards
rent is Rs.1,99,000/-. In my view, orders dated 11.01.2018
and 21.03.2018 are very clear therefore I see no reasons to
modify the order dated 20.11.2019.
Mr. Vyas, learned counsel for husband submits
that husband will deposit cheque of Rs.85,000/- before this
Court within three days from today. He sought further four
weeks time to deposit balance amount of Rs.1,14,000/-
before this Court.
Permission is granted to the husband to deposit
cheque of Rs.85,000/- with the Registry of this Court. The
husband is also granted further four weeks time to pay
balance amount of Rs.1,14,000/- (Rupees One Lac Fourteen
Thousands only) towards arrears of rent within a period of
four weeks form today.
After aforesaid amount is deposited to this Court,
the wife is entitled to withdraw the said amount. With these
observations Criminal Application (APPW) No.290/2019 is
disposed of.
JUDGE
srwagh
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