SMITA MAHENDRA HALARNKAR Vs. MAHENDRA TUKARAM HALARNKAR

JUDGEMENT

(1.) The present Criminal Revision Application is filed under Section 397 of the Code of Criminal Procedure, 1973 (Cr.P.C., for short) against the impugned order dated 04.05.2021 passed by the learned Additional Sessions Judge, Mapusa in Criminal Revision Application No. 13 of 2021. By the impugned judgment, the learned Additional Sessions Judge has set aside the order dated 14.01.2020, passed by the Judicial Magistrate First Class, Bicholim in Case No. MTA/1/2019/A, granting interim maintenance of Rs. 10,000/- to respondent no. 1 (applicant no. 1 herein) towards educational expenses.

(2.) The brief facts necessary for disposal of the present Criminal Revision Application may be stated thus:- The applicant no. 1 is the daughter of applicant no. 2 and the respondent. It is stated by applicant no. 1 that since her birth, she is staying with her mother i.e. applicant no. 2. It is stated that through applicant no. 2, applicant no. 1 had filed Maintenance Case No. 04/1999 before the Chief Judicial Magistrate, Panaji against the respondent, which was allowed and the respondent was directed to pay to the applicant no. 1 through applicant no. 2, an amount of Rs.500/- per month till she attained the age of majority. It is stated that the respondent has stopped paying the said maintenance of Rs.500/- from March 2017 on the ground that the applicant no. 1 has attained majority. It is stated that the applicant no. 1 has attained majority in May 2017 and presently, she is 22 years of age.

(3.) It is further stated that the applicant no. 1 since the academic year 2018 till date is studying in the Institute College of Non Conventional and Vocational Courses for women at Kolhapur and as such, she is residing in the hostel/rented premises at Kolhapur for which, the monthly expenditure is about Rs. 7,000/- per month.