KOMAL KETAN HOWAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition, the petitioner-wife has questioning the order impugned dated 22nd October, 2019 passed by the learned Ad-hoc District Judge-3 and Additional Sessions Judge, Thane, thereby D.V. Appeal No. 51 of 2019 preferred by the Respondent-husband against the order of the learned Judicial Magistrate First Class, Vashi passed on 13th May, 2019 came to be allowed.

(2.) The learned Magistrate vide order dated 13th May, 2019 has directed the respondent-husband/father to pay maintenance of Rs.5,000/- per month to the daughter from the date of interim maintenance application, till the disposal of the main application.

(3.) Learned counsel appearing for the Petitioner would urge that the order impugned is not sustainable as the learned Sessions Judge has committed an error of law in observing that the law laid down by this Court in the matter of Criminal Writ Petition No. 32 of 2014 dated 5th May 2014 at Nagpur Bench and Criminal Revision Application No. 341 of 2014 Deepak Vs. State dated 1 st July 2015 passed at Bombay, shall govern the issue. According to him, the main proceedings are not yet finally decided, that by itself will not dis-entitle the Petitioner to claim the maintenance for daughter. Learned counsel would urge that the learned Magistrate has specifically recorded the finding that prima facie it is clear that the applicant has faced domestic violence from the respondent.