SWAROOP ANAND BHALWANKAR Vs. ROSHANI SWAROOP BHALWANKAR

JUDGEMENT

(1.) Heard learned Advocate Mr. S.J. Salunke for applicant and learned Advocate Mr. M.G. Kochar for sole respondent.

(2.) Present application has been filed by the revision applicant for continuation of interim relief. He has filed the said Criminal Revision challenging the Judgment passed by learned Additional Sessions Judge-3, Aurangabad in P.W.D.V.A. Appeal No.187/2018 dated 30.01.2019 arising out of order below Exh.1 in P.W.D.V. Case No.587/2017 decided by learned Judicial Magistrate First Class, Aurangabad (Court No.10) on 14.11.2018. This Court by order dated 28.03.2019 had directed that no coercive steps to be taken against the applicant and directed the applicant to deposit an amount of Rs.2,75,000/- within a period of four weeks. Permission was granted to the non applicant to withdraw the said amount. The matter was then referred to mediation. Applicant says that he has deposited the amount as directed. It is also stated that he has also deposited an amount of Rs.1,00,000/- on 26.02.2019. Thus, the amount deposited by him towards maintenance is Rs.3,75,000/-.

(3.) It is further contended that the matter was circulated by non applicant for admission on 07.10.2020 and this Court has passed further order directing the applicant to deposit an amount of Rs.3,50,000/- within a period of 15 days from the date of the order. It has been also stated that in case of failure on his part to deposit the amount, the interim relief, not to take coercive action, would stand vacated. The applicant contends that due to pandemic situation his economic condition has become worst. He is not in a position to deposit that amount. The applicant has submitted the income proof of 10 years before learned Trial Court. It is stated that those income proof are self explanatory to show that he is unable to pay amount of Rs.20,000/- per month, as directed by learned Judicial Magistrate First Class. It is also stated that applicant is indebted and he is also required to repay the amount in respect of the loan borrowed by him from Indian Bank by mortgaging his house. The non applicant is lyricist and she is earning sufficiently. She is also conducting the tuition classes. On the other hand, the applicant has no certain income, and therefore, he prayed that order passed by this Court on 07.10.2020 be recalled or modified. In the alternative, he has prayed that the installments be granted to deposit the said amount of Rs.3,50,000/-.