Pravin Vasant Javalkar v. Meghana Pravin Javalkar

skc 207-WP-3895-04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3895 OF 2004 Pravin Vasant Javalkar ..

Petitioner vs.

Mrs. Meghana Pravin Javalkar ..

Respondent None for Petitioner.

None for Respondent.

CORAM : M. S. SONAK, J.

DATE: 20 NOVEMBER 2015 P.C. :- 1] Neither of the parties nor their Advocates are present. However, considering that the petition is of the year 2004, it is appropriate that the same is disposed of after taking into consideration the grievance raised in the petition, rather than dismissed for non prosecution.

2] The challenge in this petition is to the order dated 27 November 2003, by which, the Petitioner was directed to pay interim maintenance of Rs.2,000/- per month during the pendency of M.J. Petition No.A-297 of 2003 in the Family Court at Bandra, Mumbai.

3] Rule was issued in this petition on 7 February 2007 but no stay was granted to the execution of the impugned order. 1/2

skc 207-WP-3895-04 4] At this point of time, it is reasonable to presume that the main Petition has itself been disposed of, in which case, this petition is rendered infructuous. In case the same is not disposed of, the Family Court is directed to dispose of the same as expeditiously as possible and in any case within a period of six months from today. 5] At this point of time, it would not be appropriate to interfere with the impugned order. Rule is therefore discharged. There shall be no order as to costs.

6] Since neither of the parties nor their Advocates have appeared, the Registry is directed to transmit authenticated copy of this order to the concerned Family Court. This shall be done as early as possible and in any case within a period of four weeks from today.

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

(M. S. SONAK, J.) Chandka 2/2