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2025 DAILYLAW 3673 (BOM)

GUNVANT VITTHALRAO SURYAWANSHI v. DAULAT GUNVANT SURYAWANSHI AND ANOTHER

REVN/251/2025 · 2026-08-25

Criminal Appealbody2025

Judgment text

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*1* 926rev251o25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 251 OF 2025 GUNVANT VITTHALRAO SURYAWANSHI VERSUS DAULAT GUNVANT SURYAWANSHI AND ANOTHER ... Ms. Ashwini R. Mate, advocate h/f Ms. Mhase Madhaveshwari S., Advocate for the Applicant. Shri Vibhute Vinod M., advocate for respondent Nos.1 and 2. ... CORAM : SUSHIL M. GHODESWAR, J. DATE : 25 August 2026 P. C. :- 1. Heard. 2. The applicant is challenging the impugned order dated 26.03.2025 passed by the learned Additional Sessions Judge, Nilanga, in Criminal Appeal No.2/2022 whereby, the said appeal came to be dismissed and the order dated 13.01.2021 passed by the learned Magistrate, Village Court, Shiruranantpal granting maintenance of Rs.1000/- per month to the son of applicant No.2 i.e. applicant No.1 (Daulat), came to be confirmed. 3. Learned advocate for the respondents points out that now respondent No.1 (Daulat) has attained majority. As such, it 2026:BHC-AUG:38598 *2* 926rev251o25 is necessary to file an application under Section 127 of the Code of Criminal Procedure before the learned Magistrate. Learned advocate further submits that since the amount is directed to be paid towards maintenance is very meager amount and therefore, said exercise of paying maintenance shall be continued till the application under Section 127 is decided by the learned Magistrate. 4. On perusal of the impugned orders, it is disclosed that the amount of maintenance of Rs.1000/- per month is directed to be paid to the son, who was minor at the relevant time. However, as pointed out to this Court that the said minor son has attained majority, it would be appropriate for the applicant to approach before the learned Magistrate under Section 127. 5. In view of the above, the instant Criminal Revision Application is disposed of with liberty to the applicant to approach the learned JMFC under Section 127 of the Code of Criminal Procedure. kps ( SUSHIL M. GHODESWAR, J. )