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2026 DAILYLAW 16887 (BOM)

USMAN RONAK KHAN v. AFREEN USMAN KHAN AND ANR

REVN/258/2025 · 2026-10-09

Criminal Appealbody2026

Judgment text

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9-REVN(CRI.)-258-2025.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.258 OF 2025 Usman Ronak Khan …Applicant Versus Afreen Usman Khan And Anr …Respondents Ms. Hetal Pandya i/b Sohel Syyed, for the Applicant. Mr. Omar Hashmi a/w Suhail Shariff i/b Falcon Legal, for the Respondent No.1 Mr. S. S. Ghag, APP, for the Respondent-State. CORAM: MADHAV J. JAMDAR, J. DATED : 09th OCTOBER 2026 PC:- 1. Heard Ms. Pandya, learned Counsel appearing for the Applicant and Mr. Hashmi, learned Counsel appearing for the Respondent No.1. 2. By this Revision Application, the challenge is to the order 18th March 2025 passed by the learned Sessions Judge, City Civil and Sessions Court, Borivali Division, Mumbai in Criminal Appeal No.362 of 2023, as also order dated 27th April 2023 passed by the learned Metropolitan Magistrate, 66th Court, Andheri, Mumbi passed below Interim Application filed in C.C.No.133/DV/2020. Page 1 Akash Tayde 9-REVN(CRI.)-258-2025.DOC By that order the learned Magistrate has directed payment of Rs.20,000/- per month to the Respondent- Afreen Usman Khan and her minor daughter and the learned Appellate Court by order dated 18th March 2025 has confirmed the said order. 3. It is the contention of learned Counsel appearing for the Applicant that the Applicant is an Estate Agent whereas the Respondent No.1 is a qualified doctor and having Bachelor Degree of Unani Medicine and Surgery and she is working as a Medical Officer and general practitioner in various hospitals. 4. On the other hand, learned Counsel appearing for the Respondents states that the Respondent is single handedly looking after the daughter who is minor of 8 years. The Applicant is an Estate Agent and having huge income. The Respondent is not working as claimed. There is no material on record showing that the Respondent is working. He, therefore, submits that no interference in the impugned order is warranted. 5. Perusal of the record shows that the learned Appellate Court has observed that the statement of assets and liabilities filed by the Page 2 Akash Tayde 9-REVN(CRI.)-258-2025.DOC Applicant/husband shows that for the Annual Year 2021-2022 his total income was Rs.4,15,919/- and for the Annual Year 2022-2023 total income was Rs.4,49,530/-. The Applicant is an Estate Agent. It is correct that the Respondent is a qualified having Bachelor Degree of Unani Medicine and Surgery. 6. However, the position on record shows that daughter is single handedly maintained by the mother. Maintenance of only Rs.20,000/- has been granted which is reasonable. There are huge arrears of more than Rs.5,00,000/-. 7. Considering the above facts and circumstances, no case is made out for interference in the impugned order. 8. Accordingly, the Revision Application is dismissed. [MADHAV J. JAMDAR, J.] Page 3 Akash Tayde