PRADIP Vs. JYOTI

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for rival parties.

(2.) By this Petition, Petitioner has challenged the order dtd. 8/9/2016 passed by the court of 3rd Joint Civil Judge Senior Division, Akola, whereby the Petitioner has been directed to pay interim maintenance of Rs.2500.00 per month to the Respondent - wife from the date of application and also to pay an amount of Rs.8000.00 to the Respondent - wife towards overall expenses of the proceedings. The Petitioner has also challenged the order dtd. 7/3/2018 passed below the application (Exh.19) filed by the Petitioner, wherein he had prayed that an earlier order passed by the court of Judicial Magistrate First Class, Patur towards interim maintenance under Sec. 125 of the Code of Criminal Procedure ought to have been taken into consideration while passing impugned order dtd. 8/9/2016. According to the Petitioner, earlier order passed by the learned Magistrate ought to have been taken into consideration while passing the impugned order, and therefore, interference is warranted in the present Petition.

(3.) While issuing notice on 4/5/2018, this Court granted stay to the direction to pay Rs.2500.00 per month, subject to the Petitioner continuing to pay amount of Rs.3000.00 per month as directed by the learned Magistrate and also subject to paying amount of Rs.8000.00 to the Respondent - wife towards expenses as directed in the impugned order dtd. 8/9/2016, passed below Exhibit-11.