- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 905 CRIMINAL REVISION APPLICATION NO. 278 OF 2026 RAJENDRA BANSI DOKHE VERSUS REKHA RAJENDRA DOKHE AND ANOTHER WITH CRIMINAL REVISION APPLICATION NO. 174 OF 2023 REKHA W/O. RAJENDRA DOKHE AND ANOTHER VERSUS RAJENDRA S/O. BANSI DHOKE Mr.H.P. Randhir, Advocate for the Applicant. Mr.P.B.Patil, Advocate for Respondent Nos. 1 and 2. ( CORAM : SUSHIL M. GHODESWAR, J. ) DATE : 1st SEPTEMBER, 2026 PER COURT : 1. Heard the learned Advocates for the respective parties. 2. The Applicant has approached this Court praying for quashing and setting aside the impugned judgment and order in Petition E No.180/2021 dated 06.01.2023 passed by the learned Family Court (old Criminal M.A.No.1186/2018). Vide said order, the learned Family Court, Dhule directed the Applicant to pay the maintenance to khs/Sept.2026/278 2026:BHC-AUG:40364 - 2 - his son, an amount of Rs.5000/- per month from the date of order i.e. 06.01.2023 till further orders. Mr.Randhir, the learned Advocate for the Applicant submits that the Applicant vide Clause No.3 of the impugned order, was directed to pay Rs.3,000/- p.m. from the date of filing of the application i.e. 27.09.2018 till the date of this order. Vide Clause No.4 of the said order dated 06.01.2023, the Applicant has been directed to pay Rs.5,000/- from the date of order. He further submits that in view of these directions vide clause No.4 that the Applicant has been directed to pay from the date of order till further orders, the said clause No.4 is now required to be modified as the Respondent/son has attained majority and he is not required to pay further maintenance. He further submits that as on date there are no arrears remained to be paid towards the maintenance of respondent/son and therefore he submits that the aforesaid extract of the order be modified. 3. The learned Advocate Mr.Patil for the respondents opposed the instant application. He submits that the Applicant can approach to the same Court u/s 127 of the Cr.P.C. for modification of the order and instead of availing the alternate remedy, he has directly approached this Court u/s 397 of the Cr.P.C. khs/Sept.2026/278 - 3 - 4. After considering the rival submissions of the parties, since the Applicant has paid all the arrears of maintenance of the respondent/son and the Applicant has approached this Court for modification in Clause 4 of the order dated 06.01.2023 which states that the Applicant to pay maintenance till further orders. Therefore, the instant Application deserves to be allowed as the Applicant has already paid all the arrears of maintenance and no balance amount is required to be paid. Hence, the Application is allowed. The impugned order dated 06.01.2023 passed by the learned Family Court in E- Petition No.180/2021 is quashed and set aside to the extent of clause No.4 which directs the Applicant to pay the maintenance amount to respondent/son till further orders. 5. In view of the above order, Criminal Revision Application No.174/2023 is disposed of, in above terms with no order as to costs. ( SUSHIL M. GHODESWAR, J.) khs/Sept.2026/278