Bombay High Court

RAJENDRA BANSI DOKHEversusREKHA RAJENDRA DOKHE AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The Court held that the revision was maintainable and, having found no arrears and the son’s majority, quashed the clause directing continued maintenance.

Summary

The applicant sought to quash a Family Court order directing him to pay maintenance of Rs.5,000 per month to his son until further orders, arguing that the son had attained majority and all arrears had been paid. The respondents contended that the proper remedy was a modification application under Section 127 of the Criminal Procedure Code, not a revision under Section 397. The High Court considered that the applicant had discharged all arrears and no further payment was required, and therefore allowed the revision, quashing the clause that imposed ongoing maintenance. The order dated 06.01.2023 was set aside to the extent of clause 4, and the related criminal revision application was disposed of. No costs were awarded.

Issues considered

Whether a revision under Section 397 of the Criminal Procedure Code is maintainable when an alternative remedy of modification under Section 127 is available.
Whether the clause directing maintenance payment till further orders should be quashed given that the son has attained majority and arrears are cleared.

Legislation cited

Code of Criminal Procedure, 1973 — s. 127, 397

Subjects

maintenance
family court
revision
modification
Criminal Procedure Code
Section 127
Section 397
quash
arrears
majority

Judgment

2026:BHC-AUG:40364




                                                  -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
                                   -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

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