ATUL VASANTRAO PARMARTHI Vs. PALLAVI ATUL PARMARTHI

JUDGEMENT

(1.) None appears for the applicant.

(2.) On 12.9.2018, none appeared for the parties. Case was fixed for dismissal on 17.9.2018. On 17.9.2018, Ms. Priyanka Gaikwad, Advocate holding for Advocate Kshirsagar for the applicant appeared and requested for time and it was granted as last chance. Today also, none appears for the applicant. Advocate Shri Badar is present for the respondent. He has submitted that present revision is against the order of maintenance granted by Family Court in E Petition No. 1/2016. There is no bar under Section 125 of the Code of Criminal Procedure to grant maintenance, even the order for maintenance is passed under Section 24 of the Hindu Marriage Act. Learned counsel has pointed out decision of this Court in the case of Alka w/o. Vardhaman Bamb vs. Vardhaman @ Pushkaraj @ Narendra s/o. Nemichand Bamb, 2000 (3) Mh.L.J. 512.

(3.) In the present revision, respondent - wife filed application for maintenance under Section 125 of the Code of Criminal Procedure. During pendency of this application, husband moved before the Civil Judge Senior Division, Bhusawal and filed petition for restitution of conjugal rights. Respondent-wife appeared and applied for maintenance and litigation expenses as per the provisions of Section 24 of the Hindu Marriage Act. Application, Exhibit 13 in the said petition came to be decided on 13.7.2016. Husband was directed to pay Rs. 3,000/- per month to his wife Pallavi towards financial assistance from the date of filing of application till the conclusion of the matter. H.M.P. No. 295/2015 finally decided on 9.3.2017. The appeal filed by wife came to be dismissed on 24.8.2017. From the order below Exhibit 13 in H.M.P. No. 295/2015, it is clear that "husband was directed to pay financial assistance to the tune of Rs. 3,000/- to the respondent - wife per month from the date of filing of application till conclusion of this matter." Therefore, plain reading of the order dated 13.7.2016 below Exhibit 13 in H.M.P. No. 295/2015 clearly shows that the order of granting financial assistance was till the conclusion of that matter. Certified copy of judgment in H.M.P. No. 295/2015 shows that it is finally decided on 9.3.2017. Therefore, there is no doubt that order of financial assistance of Rs. 3,000/- per month passed under the provisions of Section 24 of the Hindu Marriage Act came to an end on 9.3.2017.