LAWS(BOM)-2018-2-221

MAMTA GAUTAM WANKHEDE Vs. GAUTAM SUKHDEV WANKHEDE

Decided On February 02, 2018
Mamta Gautam Wankhede Appellant
V/S
Gautam Sukhdev Wankhede Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent.

(2.) This petition challenges the order dated 16/01/2017 passed by Additional Sessions Judge, Nagpur in Criminal Appeal No.54/2016 thereby upsetting the order dated 08/02/2016 passed by the Judicial Magistrate First Class, Nagpur in Misc. Cri. Case No.414/2012 granting maintenance of Rs.7,000/- per month to the petitioner under Section 20(1)(d) of the Protection of Women from Domestic Violence Act, 2005 (for short 'D.V. Act').

(3.) The admitted facts of the case are that application under Section 12 of the D.V. Act was filed in the year 2012 and that the Family Court had already granted, by passing an order on 11/01/2013, interim maintenance of Rs.5,000/- per month to the petitioner, which was later on by final order enhanced to Rs.7,000/- per month. The final order of maintenance was passed by the Family Court on 02/04/2016 ,and this order not having been challenged by the respondent has attained finality.