LAWS(BOM)-2014-7-57

ELVIS ALBAN AFONSO Vs. ELMAS FERNANDES

Decided On July 10, 2014
Elvis Alban Afonso Appellant
V/S
Elmas Fernandes Respondents

JUDGEMENT

(1.) HEARD rival arguments. Rule. Rule made returnable forthwith by consent of the parties.

(2.) THIS Criminal Writ Petition is preferred by the petitioner, husband challenging the judgment and order passed in Criminal Appeal No. 43/2013. Said appeal was filed by present respondent, wife who is the original petitioner in the application preferred before the Trial Court under Section 12 of Protection of Women from Domestic Violence Act, 2005.

(3.) IT is apparent that after filing the application by the present respondent, wife for various reliefs including the maintenance of Rs. 20,000/ - per month from her husband the matter lingered before the trial Court and the interim orders were passed thereby directing the present petitioner, husband to pay monthly maintenance of Rs. 10,000/ - to the wife until the disposal of the main petition. Without going into much details as to the other directions given, suffice it to say that being aggrieved by the said interim order wife preferred criminal appeal before Additional Sessions Judge, North Goa, Panaji being Criminal Appeal No. 43/2012 and said appeal was allowed and the interim maintenance was enhanced to Rs. 20,000/ - per month. In fact, by way of this order which is impugned in the present Writ Petition, the entire maintenance finally claimed in the main petition before the trial Court was allowed.