SANJAY BAPURAO AAREWAR Vs. SANGITA SANJAY AAREWAR

JUDGEMENT

(1.) Heard finally with consent of learned Counsel appearing on behalf of the rival parties at admission stage.

(2.) The Applicant/husband has filed this Revision Application challenging the Judgment and order dtd. 27/4/2021 passed by the learned Additional Sessions Judge, Kelapur in Criminal Appeal No. 20/2014, whereby the maintenance amount of Rs.1500.00 per month is enhanced to Rs.3000.00 per month from the date of application i.e. 5/12/2012. The earlier maintenance amount of Rs.1500.00 per month was granted by the learned Judicial Magistrate First Class (Court No.2), Kelapur in Misc. Criminal Case No. 83/2012 filed by the Non-applicant/wife herein under Sec. 12(1) of the Protection of Woman from Domestic Violence Act, 2005 (for short, 'PWDV Act') for various reliefs under Ss. 18, 19, 20 and 22 of the said Act.

(3.) The learned Counsel for Applicant/husband submits that the learned appellate court has definitely erred in enhancing the maintenance amount of Rs.1500.00 per month to Rs.3000.00 per month by ignoring the fact that there was no domestic relationship between the parties since 2009 and that decree of divorce has already granted in favour of the Non-applicant/wife at her instance only. Thus, she raised an issue that after grant of divorce by the competent court, the Non-applicant/wife is not entitled for any relief of maintenance under the provisions of PWDV Act, and for that purpose she relied on the Judgment of this Court in the case of Sadhana Hemant Walwatkar V/s Hemant Shalikramji Walwatkar reported in 2019 SCC OnLine Bom 659.