BHAVSAR NARENDRABHAI @ SUNDERLAL BALWANTRAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This revision application is directed against the order dated 04.05.2019 passed by the learned Sessions Judge, Surendranagar in Criminal Appeal No.15 of 2018 confirming the order dated 15.03.2018 passed by the learned Additional Civil Judge and Judicial Magistrate First Class, Surendranagar in Criminal Misc. Application No.40 of 2017 awarding monthly interim maintenance to the tune of Rs.15,000 to the applicant No.1-wife in the original proceedings and at the rate of Rs.15,000 p.m. to her minor son viz. Sneh, in all Rs.30,000/- p.m., in the proceedings initiated under the provisions of the Protection of Women From Domestic Violence Act, 2005 (hereinafter referred to as "the Act"). Over and above that learned Judge has directed the Trial Court to conclude the main proceedings for all the reliefs claimed in it within 03 months from the receipt of the said order.

(2.) Heard learned advocate Mr. D. K. Puj for the applicant. He submitted that the order passed by the learned Magistrate dated 15.03.2018 granting interim maintenance to the wife and her minor son came to be challenged by way of appeal under the provisions of "the Act" before the appellate Court, wherein the appellate Court refused to stay the order impugned before it. He has further submitted that rejection of that stay order was also challenged by the applicant before this Court and this Court stayed the operation, implementation and execution of the order passed by the appellate Court refusing to stay the order of interim maintenance passed by the learned Magistrate.

(3.) In Special Criminal Application No.3986 of 2018 preferred by the applicant challenging refusal of stay of the interim order of monthly maintenance passed by the appellate Court, while entertaining the application, this Court vide order dated 11.05.2018 granted ad-interim relief in terms of para- 10(B) of that petition. If para 10 (B) of that petition is seen, quoted in the final order passed in that petition being Special Criminal Application No.3986 of 2018, which reads as under: