1 16.APPR.186.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.186 OF 2026 IN CRIMINAL REVISION APPLICATION ST. NO.7927 OF 2026 Chandrakant S/o Rameshwar Newalkar .Vs. Smt. Madhuri W/o Chandrakant Newalkar and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. N.R. Bhishikar, Advocate for applicant. Mr. S.W. Sambre, Advocate for respondent. CORAM : MEHROZ K. PATHAN, J. DATE : 23/09/2026 1. The present application is filed for condonation of delay of 117 days caused in preferring the revision application. 2. For the reasons stated in the application, the application is allowed. The delay of 117 days caused in filing the revision application is hereby condoned. The revision is taken up for hearing. 3. The challenge in the revision is to the order dated 16.09.2025 wherein the applicant/husband is directed to pay an interim maintenance of Rs.6000/- to the petitioner No.1/wife and Rs.6000/- to petitioner No.2/son, i.e. total Rs.12,000/- per month from the date of application till the disposal of the main application. 4. At the outset, Mr. Bhishikar, learned counsel for the applicant/husband submits that this interim maintenance application order directing the applicant to pay Rs.12,000/- per month is exorbitant and without taking into 2026:BHC-NAG:12831 2 16.APPR.186.2026.odt consideration the income, assets and liabilities of the applicant/husband. During the pendency of the interim maintenance application, the applicant was directed to pay an amount of Rs.7,500/- per month. The applicant has been regularly paying the aforesaid amount apart from bearing the medical expenses and the educational expenses of the child. 5. Mr. Sambre, learned counsel appearing for the respondent/wife, though seriously disputes such payment of educational expenses and the medical expenses by the applicant/husband, however, fairly concedes that the amount of Rs.7,500/- during pendency of the application was being paid by the applicant/husband. The impugned order of maintenance is passed directing to pay the amount of Rs.12,000/- during pendency of the main application under Section 125 of the Cr.P.C. 6. It is informed by both the learned counsels that the main application under Section 125 of the Cr.P.C. is still pending for decision before the learned Family Court No.4, Nagpur. 7. Mr. Bhishikar, on instructions from the applicant/husband submits that the applicant is ready to show his bonafide by depositing an amount of Rs.2,00,000/- if some time is granted for depositing the same. 8. Thus, taking into consideration the aforesaid submissions and also taking into consideration the fact that the applicant has been regularly paying an amount of 3 16.APPR.186.2026.odt Rs.7,500/- per month during the pendency of the application, I am inclined to pass the following order :- ORDER (a) The impugned order dated 16.09.2025 passed by the learned Family Court No.4, Nagpur is quashed and set aside, subject to the applicant depositing a lumpsum amount of Rs.2,00,000/- towards arrears of maintenance before the learned Family Court, Nagpur within a period of three weeks from today. (b) The aforesaid amount if deposited by the applicant/husband is permitted to be withdrawn by the respondent/wife. (c) The applicant/husband shall keep on paying the amount of Rs.7,500/- per month regularly to the respondent/wife and shall also bear the medical expenses and the educational expenses of the respondent/child. (d) With the aforesaid directions, the revision application is partly allowed and disposed of by remanding the matter back to the learned Family Court, Nagpur to decide the final maintenance application. (e) Since the main application is pending since the year 2022, the learned Family Court, Nagpur is requested to make an endeavor to dispose of the main application under Section 125 of the Cr.P.C. as expeditiously as possible and not beyond period of six months. 4 16.APPR.186.2026.odt (f) Needless to mention that this Court has not made any observations upon the merits of the case while deciding the quantum of the interim compensation. (g) The aforesaid order is passed only on the basis of the bonafide shown by the applicant/husband for depositing the amount of Rs.2,00,000/- and undertaking to pay Rs.7,500/- regularly along with medical and educational expenses. (MEHROZ K. PATHAN, J.) C.L. Dhakate Signed by: Mr. C.L. Dhakate Designation: PA To Honourable Judge Date: 29/09/2026 11:15:26