Shri. Prithviraj Balkrishna ChendvankarversusMrs. Sharmila Prithviraj Chendvankar

                                                                 904-REVN-344-25.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIRCUIT BENCH AT KOLHAPUR
                        CRIMINAL APPELLATE JURISDICTION

                          CR.REVISION APPLN. NO. 344 OF 2025

        Shri. Prithviraj Balkrishna Chendvankar         … Applicant
               V/s.
        Mrs. Sharmila Prithviraj Chendvankar            … Respondent
                                      ___________
        Adv. Irum Shaikh, for the applicant.
        Mr. Anand Shalgaonkar, APP for the respondent – State.
        Mr. Yogesh Sawant a/w Siddhi Diwan, fo the respondent.
                                      ___________

                                    CORAM : RAJESH S. PATIL, J.
                                    DATE : 21 AUGUST 2026

        P. C. :


        1.        The Criminal Revision Application has been filed by the

        husband of respondent challenging an order dated 06 February 2025

        passed by the Family Court, Kolhapur on order below Exhibit-6 in

        proceedings filed under Section 125 of Cr.P.C.


        2.         By the impugned order, the Family Court, Kolhapur has

        granted maintenance of Rs. 8000/- per month to the wife from the

        date of the application, i.e., 3 June 2024, till the main proceedings,

        filed under Section 125 of Cr.P.C. are decided.


        3.        It is the case of the applicant husband that he is suffering from

        HIV positive disease. He had earlier a tempo, but however, that tempo

        has been sold a year back. Though there was a compromise between



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        the parties in the D.V. proceedings by filing a compromise purshis on

        12 February 2022. However, according to the applicant-husband, the

        respondent-wife did not cooperate with him and she frequently

        quarrelled with his mother and sister; on account of which, the

        compromise could not materialize.


        3.1     It is submitted that, although it was agreed in the compromise

        purshis that after husbands demise, the properties owned by him

        would devolve upon his son and daughter, the applicant has

        subsequently executed a Release Deed, pursuant to which his

        properties have now been transferred to his mother and sister. The

        applicant, therefore submits that, he is not in a position to pay the

        monthly maintenance of Rs. 8000/- per month to the respondent

        wife.


        4.      On behalf of the respondent-wife, it is submitted that the

        applicant husband owns a building comprising of ground plus two

        floors. The respondent-wife is residing in two rooms on the ground

        floor and the remaining portion of the ground floor has been rented

        out. The applicant-husband is residing on the first floor along with his

        sister and mother, whereas the second floor is also been rented out. It

        is therefore submitted that the applicant-husband rental income is

        approximately Rs.30,000/- to Rs.35,000/- per month.




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        4.1   It is further submitted that a new tempo has been purchased in

        the name of the applicant’s sister and out of the said tempo business,

        the applicant is earning a handsome income. In order to provide

        education to her son, the respondent was constrained to obtain a gold

        loan, relevant documents of which have been enclosed in the present

        proceedings.


        4.2   It is also submitted that the daughter of the applicant and

        respondent was married in the year 2019 and the applicant did not

        provide any financial assistance towards the expenses incurred for the

        said marriage.


        4.3   The respondent-wife has further placed on record the

        photographs at page nos. 120, 121 and 123 of the applicant giving

        trouble to the respondent, where it can be seen that in order to harass

        to the respondent and her son, the applicant is seen locking the

        premises and abusing the respondent. So also, separate photographs

        have been placed on record showing that, as on 20 August 2026 at

        about 8:00 a.m. in the morning, a tempo was parked in very close

        proximity to the building in which the applicant and respondent are

        residing.


        5.    Considering the argument made before me and after going

        through the impugned order passed by the Family Court, I don't find

        any perversity in the impugned order dated 6 February 2025. Hence,


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        the Criminal Revision Application stands rejected.


        6.    The hearing of Petition (E) No. 21/2024 pending before the

        Family Court, Kolhapur is expedited and the learned Judge would

        make all his efforts to dispose of the petition as early as possible. Both

        the parties through their counsels undertake to this Court that they

        will cooperate in the early hearing of the petition and would not seek

        unnecessary adjournments.


        7.    All concerned to act on authenticated copy of this order.


        8.    A copy of this order should be communicated by the Registrar

        of High Court, Circuit Bench at Kolhapur to the Registrar, Family

        Court, Kolhapur.

                                                          [RAJESH S. PATIL, J.]




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