FARHAD JABEEN MULLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) The Petitioners have approached this Court in its writ jurisdiction under Articles 226 and 227 of the Constitution of India assailing two orders passed by the JMFC, Pune, in Criminal MA No.45 of 2012 vide order passed below Exhibit 135 dtd. 4/11/2022 and vide order dtd. 3/9/2021, passed below Exhibit 128.

(3.) The Petitioner No.1 is the ex-wife of the Respondent No.1. The Petitioner No.1 has instituted two proceedings against the Respondent No.1 under two different enactments. One for Divorce filed under the Dissolution of Muslim Marriages Act, 1939, in which an order dtd. 31/8/2015 came to be passed, granting maintenance of Rs.7,000..00Simultaneously, the Petitioner No.1 had also filed an application under Sec. 12 under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), before the JMFC, Cantonment Court, Camp, Pune, in Criminal MA. No.45 of 2012. Pending the application under Sec. 12 of the PWDVA, 2005, the learned Magistrate was pleased to grant interim maintenance of Rs.15,000.00 p.m. to the Petitioner No.1 and Rs.7,500.00 p.m. in favour of Petitioner No.2-minor child, with rent allowance of Rs.7,500.00 per month vide order dtd. 14/12/2012. The order passed by the JMFC, Pune, was then modified by the Additional Sessions Judge, Pune, vide order dtd. 31/8/2013, granting Rs.8,000.00 to the Petitioner and Rs.7,500.00 p.m. to the Petitioner No.2, towards maintenance, while the allowance towards rent was set aside.