36. CRI. REVN. 18 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL REVISION APPLICATION NO.18/2026 Vallabh s/o Govindrao Kunjekar ...Versus… Mrs. Savita w/o Vallabh Kunjekar and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. P.S. Sadavarte, Advocate for applicant Mr. S.S. Shinde, Advocate h/f Mr. S.M. Bhangde, Advocate for respondents CORAM : MEHROZ K. PATHAN, J. DATE : 08/09/2026 1. Heard Mr. Sadavarte, learned Counsel for the applicant and Mr. Bhangde, learned Counsel for the respondents. 2. The applicant is challenging the order dated 29/10/2025, passed by the learned Family Court-4, Nagpur below Exh.20 in Petition No.E-579/2022, whereby the amount of interim maintenance is awarded to the tune of Rs.20,000/- to the respondent/wife as well as child. 3. Mr. Sadavarte, learned Counsel for the applicant, upon instructions, submits that the impugned order does not take into consideration that the respondent/wife is already provided residence i.e. Flat No.13, Sant Ravidas Apartment, NIT Layout, Swawlambi Nagar, Nagpur, which is owned by the family of the applicant/husband. The respondent/wife has prayed for final maintenance amount of Rs.35,000/-. The impugned order grants Rs.20,000/- per month as interim maintenance towards the respondent/wife and child and in 2026:BHC-NAG:12259 36. CRI. REVN. 18 of 2026.odt 2 addition, the impugned order directs the payment of the educational and medical expenses to be borne by the present applicant/husband. 4. Mr. Sadavarte, submits that order, granting interim maintenance almost allows the application finally, inasmuch as the learned Family Court not only directs to pay the interim maintenance of Rs.20,000/- per month but in addition has also directed to pay the educational and medical expenses, which comes to around Rs.1,00,000/- in a year to be paid in four quarters. The applicant himself is bearing the other expenses from time to time, which is admitted by the respondent/wife. The order, restraining the applicant/husband from evicting the wife, is almost civil in nature, which could have been granted only in a civil suit. The impugned order is, therefore, unjust, improper and liable to be quashed and set aside. 5. Mr. Sadavarte, in the alternative, submits that the applicant is ready to show his bona fides by depositing 50% of the amount of arrears of maintenance due till date, however, some time may be granted to the applicant. The applicant may further be permitted to put his case before the learned Family Court by leading evidence to that effect. 6. As against this, Mr. Shinde, learned Counsel holding for Mr. Bhangde, learned Counsel for the respondent/wife submits that the impugned order was passed by the learned Family Court taking into consideration the income, assets and liabilities of the applicant/husband. The applicant is earning Rs.75,000/- per month, even as per his own admission, and hence, taking into consideration that 36. CRI. REVN. 18 of 2026.odt 3 there is no liability upon the present applicant, the applicant is directed to pay amount of Rs.20,000/- per month, in addition to the educational and medical expenses only by way of interim maintenance. Final maintenance application is yet to be decided. The order is passed by the learned Family Court taking into consideration the overall aspect of the matter. A prayer for interim direction not to evict the wife from the peaceful residence was already made in the interim application. Such an order was passed by the learned Family Court, taking into consideration the fact that the respondent/wife and the child was not having any other place to reside. The aforesaid order is well within the power under Section 125 of the Code of Criminal Procedure and the impugned order is just and proper and is liable to be maintained. 7. I have gone through the impugned order dated 29/10/2025. I have also gone through the application filed by the respondent/wife bearing Application No.88/2024 filed in Petition No. E-579/2022. Perusal of petition shows that the respondent/wife has prayed for final amount of maintenance of Rs.35,000/- per month. There is no specific prayer for grant of educational expenses therein, which shows that the aforesaid amount of maintenance sought by the wife includes even the educational expenses. Now the interim order, granting maintenance, is passed directing the applicant to deposit an amount of Rs.20,000/- per month, which is in addition to the educational and medical expenses, which is already being borne by the present applicant/husband. The respondent/wife is also residing in the house which is owned 36. CRI. REVN. 18 of 2026.odt 4 by the applicant/husband’s family. Thus, the interim order is almost touching on the borderline of granting final order of maintenance, as prayed for in the main application. 8. Be that as it may, if the applicant has shown his bona fides by voluntary undertaking to deposit 50% of the amount of arrears of maintenance within a period of six weeks and also undertakes to deposit the balance school education expenses of Rs.42,900/- within a period of one week and the remaining amount on or before the due date, I am inclined to exercise discretion and correct the error committed by the learned Family Court in granting maintenance @ Rs.20,000/- per month. Hence, I pass the following order. O R D E R (i) Criminal Revision Application is allowed. (ii) The impugned order dated 29/10/2025 passed by the learned Family Court-4, Nagpur below Exh.20 in Petition No.E-579/2022 is hereby quashed and set aside. (iii) The applicant shall pay an amount of interim maintenance of Rs.6,000/- per month each to the wife and child (i.e. Rs.12,000/- per month) till the pendency of the main application regularly without fail. The amount of Rs.42,900/- (school fees) shall be paid on or before 19/09/2026. The amount of Rs.50,000/- (towards arrears of maintenance) shall be paid on or before 28/09/2026. Further amount of Rs.50,000/- (towards arrears) shall be paid on or before 12/10/2026 and the remaining amount of Rs.57,000/- (towards arrears) shall be paid on or before 07/11/2026. The remaining school fees, if any, shall also be paid on due dates regularly. 36. CRI. REVN. 18 of 2026.odt 5 (iv) This order is passed by the Court only on voluntary undertaking given by the applicant/husband that the amount of Rs.12,000/- per month as interim maintenance will be regularly paid by the applicant by cheque or Online payment mode directly in the account of the present respondent/wife. (v) Failure on the part of the applicant/husband to comply with the aforesaid directions shall result in cancellation of the aforesaid order and shall also result in restoration of the order of interim maintenance. (vi) Taking into consideration that the petition is pending since 2022, the learned Family Court is directed to decide the aforesaid petition expeditiously and not beyond a period of six months. (vii)The impugned order is set aside only as regards the amount of interim maintenance, awarded in favour of the respondent/wife. The directions, prohibiting the applicant/husband from evicting the respondent/wife from the residence, shall remain as it is. However, if the flat is gone into redevelopment, appropriate application shall be filed before the learned Family Court. The learned Family Court shall decide the aforesaid application, filed by the applicant/husband or by the respondent/wife, taking into consideration the same on its own merits. (viii) Criminal Revision Application is disposed off. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 16/09/2026 14:18:06