Single-judge High Court disposed of a writ petition challenging interim maintenance orders. The court dismissed the petition for non-prosecution, noting the petitioner failed to prosecute the underlying maintenance matter after it was filed.
Petition dismissed for non-prosecution without prejudice to right to restore upon depositing arrears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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1 WP4757-18dt 10-12-2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 4757 OF 2018
Yogesh s/o Manoharrao Lad
Versus
Priyanka w/o Yogesh Lad
…Petitioner
…
Respondent
Coram : N.M. Jamdar, J. Date : 10 December 2018
Per Court :
1.On 26 November 2018 the following order was passed :-
Request is made on behalf of the
petitioner for adjournment. On the last
occasion, none was present for the petitioner
even after keeping back the matter. Clearly
there is no urgency for the petitioner.
To come up in regular course as per
CMIS.
2.The matter is placed again on the board. None for the
petitioner.
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2 WP4757-18dt 10-12-2018
3. Petitioner-husband has challenged the orders dated 10 January 2017 and 27 January 2017 in respect of interim maintenance of S 2,000/- to the respondent-wife. After filing the petition in June 2017, the petitioner is not prosecuting the same. The petitioner has not yet paid the arrears of maintenance. Considering the facts of the case, the learned Civil Judge has fixed maintenance of S 2,000/-. Taking into account the cost of living, the amount of S 2,000/- as grant of interim maintenance is reasonable.
4.In the circumstances, no interference is warranted in the
impugned order. The petition is dismissed for non-prosecution. If
the petitioner seeks restoration of this petition, the petitioner will have
to first deposit the arrears of maintenance.
2 issues framed by the court
Whether the writ petition challenging interim maintenance orders should be accepted or dismissed for non-prosecution.
Whether the petitioner satisfies the condition of depositing arrears of maintenance to restore the petition.
Yogesh s/o Manoharrao Lad
Priyanka w/o Yogesh Lad
N.M. Jamdar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court