Shri. Prithviraj Balkrishna Chendvankar v. Mrs. Sharmila Prithviraj Chendvankar
REVN/344/2025 · 2026-08-21
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3488 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3488 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
904-REVN-344-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR.REVISION APPLN. NO. 344 OF 2025 Shri. Prithviraj Balkrishna Chendvankar
… Applicant V/s. Mrs. Sharmila Prithviraj Chendvankar … Respondent ___________ Adv. Irum Shaikh, for the applicant. Mr. Anand Shalgaonkar, APP for the respondent – State. Mr. Yogesh Sawant a/w Siddhi Diwan, fo the respondent. ___________ CORAM : RAJESH S. PATIL, J.
DATE : 21 AUGUST 2026 P. C. :
1. The Criminal Revision Application has been filed by the husband of respondent challenging an order dated 06 February 2025 passed by the Family Court, Kolhapur on order below Exhibit-6 in proceedings filed under Section 125 of Cr.P.C.
2. By the impugned order, the Family Court, Kolhapur has granted maintenance of Rs. 8000/- per month to the wife from the date of the application, i.e., 3 June 2024, till the main proceedings, filed under Section 125 of Cr.P.C. are decided. 3. It is the case of the applicant husband that he is suffering from HIV positive disease. He had earlier a tempo, but however, that tempo has been sold a year back. Though there was a compromise between Rushi 1 of
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904-REVN-344-25.doc the parties in the D.V. proceedings by filing a compromise purshis on 12 February 2022. However, according to the applicant-husband, the respondent-wife did not cooperate with him and she frequently quarrelled with his mother and sister; on account of which, the compromise could not materialize. 3.1 It is submitted that, although it was agreed in the compromise purshis that after husbands demise, the properties owned by him would devolve upon his son and daughter, the applicant has subsequently executed a Release Deed, pursuant to which his properties have now been transferred to his mother and sister. The applicant, therefore submits that, he is not in a position to pay the monthly maintenance of Rs. 8000/- per month to the respondent wife. 4. On behalf of the respondent-wife, it is submitted that the applicant husband owns a building comprising of ground plus two floors. The respondent-wife is residing in two rooms on the ground floor and the remaining portion of the ground floor has been rented out. The applicant-husband is residing on the first floor along with his sister and mother, whereas the second floor is also been rented out.
It is therefore submitted that the applicant-husband rental income is approximately Rs.30,000/- to Rs.35,000/- per month. Rushi 2 of
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904-REVN-344-25.doc 4.1 It is further submitted that a new tempo has been purchased in the name of the applicant’s sister and out of the said tempo business, the applicant is earning a handsome income. In order to provide education to her son, the respondent was constrained to obtain a gold loan, relevant documents of which have been enclosed in the present proceedings. 4.2 It is also submitted that the daughter of the applicant and respondent was married in the year 2019 and the applicant did not provide any financial assistance towards the expenses incurred for the said marriage. 4.3 The respondent-wife has further placed on record the photographs at page nos. 120, 121 and 123 of the applicant giving trouble to the respondent, where it can be seen that in order to harass to the respondent and her son, the applicant is seen locking the premises and abusing the respondent. So also, separate photographs have been placed on record showing that, as on 20 August 2026 at about 8:00 a.m. in the morning, a tempo was parked in very close proximity to the building in which the applicant and respondent are residing. 5. Considering the argument made before me and after going through the impugned order passed by the Family Court, I don't find any perversity in the impugned order dated 6 February 2025. Hence, Rushi 3 of
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904-REVN-344-25.doc the Criminal Revision Application stands rejected. 6. The hearing of Petition (E) No. 21/2024 pending before the Family Court, Kolhapur is expedited and the learned Judge would make all his efforts to dispose of the petition as early as possible. Both the parties through their counsels undertake to this Court that they will cooperate in the early hearing of the petition and would not seek unnecessary adjournments. 7.
All concerned to act on authenticated copy of this order. 8. A copy of this order should be communicated by the Registrar of High Court, Circuit Bench at Kolhapur to the Registrar, Family Court, Kolhapur. [RAJESH S. PATIL, J.]
Rushi 4 of
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