Vandana (Alias) Renu Deepak Wadhwa v. Deepak Lakshmandas Wadhwa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 734 OF 2010 Vandana (alias) Renu Deepak Wadhwa .. Petitioner vs.

Deepak L. Wadhwa .. Respondent None for both the parties.

CORAM :

M. S. SONAK, J.

DATE : 11 DECEMBER 2015.

P.C. :- 1] Neither the parties nor their advocates are present. 2] The challenge in this petition is to the order, by which, the Petitioner has been denied the interim maintenance, pending final disposal of Petition No. A-2515 of 2008.

3] At this length of time, it is reasonable to presume that the main petition, i.e., Petition No. A-2515 of 2008, has itself been disposed of. In any case, the Family Court No.6, Bandra is directed to dispose of the said petition, as expeditiously as possible and in any case within a period of six months from today. At this point of time, without the assistance of the parties or their advocates, it is not possible to consider the Petitioner's claim for interim maintenance. Instead, the interest of justice would be met, if directions for 1/3

expeditious disposal of main petition are issued. While disposing of the main petition, the Family Court to consider the prayer of the Petitioner's for maintenance. The Family Court, at the stage of considering the petition, is empowered to make suitable order with regard to payment of alimony or maintenance.

4] Further, the Family Court should not permit itself to be influenced by the observations in the order impugned in the present petition or the circumstance that this Court, has not awarded any interim maintenance to the Petitioner.

5] With the aforesaid directions, this petition is disposed of. 6] Since, neither the parties nor their advocates are present, the Registry is directed to transmit the authenticated copy of this order to the Family Court No.6, Bandra, Mumbai, which is taking up Petition No.A-2515 of 2008, within a period of fifteen days from today. The Family Court No.6, Bandra, Mumbai is requested to issue notice to the parties and proceed to dispose of the application for interim maintenance as well as the main petition itself, as per the directions given in this judgment and order.

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7] Rule is made absolute to the aforesaid extent. 8] All concerned to act on the basis of authenticated copy of this order.

(M. S. SONAK, J.) dinesh 3/3