Bombay High CourtWP/390/2020dismissed for nonprosecutiondefault at admission stage

S. Srinivasan v. Durga Srinivasan And ORS

2020-03-11Hon'Ble Justice Revati Mohite Dere3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 390 OF 2020 S. Srinivasan

...Petitioner

Versus

Durga Srinivasan & Ors.

...Respondents

Mr. Onkar V. Warange for the Petitioner None for the Respondents CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 11 th MARCH 2020 P.C. :

Heard learned counsel for the petitioner.

The petitioner has impugned the order dated 28th September 2018 passed by the learned Family Court, Pune, below Exhibit 5 in P.E. Application No. 175/2019. Learned counsel for the petitioner, on instructions of the petitioner, states that the petitioner will deposit the arrears of maintenance in the trial Court within five weeks i.e. 50% of the arrears as of today within two weeks from today and the balance 50% within three weeks thereafter. Statement accepted. Learned counsel for the petitioner also states that the petitioner is ready to deposit Rs. 15,000/- towards cost of the litigation that is likely to be incurred by the respondent, in the event, notice is issued. 1/3

In view of the aforesaid, notice is issued to respondent to explore the possibility of an amicable settlement, considering the submission advanced by the learned counsel for the petitioner that the petitioner is ready to settle the dispute amicably by paying one-time maintenance to the respondent. Notice is made returnable on 15th April 2020. Hamdast permitted. In addition to the court notice, petitioner to serve the respondent, by Advocate's notice and file an affidavit of service before the returnable date.

Notice to indicate that an endeavour shall be made to dispose of the petition finally, at the stage of admission, even if none appears on behalf of the respondent.

Learned counsel for the petitioner to supply spare copy in the Registry within ten days from today, to enable the Registry to issue notice, failing which, the petition shall stand dismissed for non-prosecution, without further reference to the Court.

The petitioner to deposit the arrears of maintenance as directed by the trial Court within five weeks from today i.e. 50% to be deposited 2/3

within two weeks from today and the balance 50% within three weeks thereafter. In addition, the petitioner to deposit Rs. 15,000/- in the Registry of this Court within two weeks from today.

REVATI MOHITE DERE, J.

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