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Bombay High CourtWP/4144/2008

Priti H Modi v. Mr Harendra Shantilal Modi

2015-12-03Hon'Ble Shri Justice M.S. Sonak2 pages

rrp 223-wp-4144-2008.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4144 OF 2008 Priti Harendra Modi ..

Petitioner Vs.

Harndra Shantilal Modi ..

Respondent .......

None present.

.......

CORAM : M.S.SONAK, J.

DATE : 3rd DECEMBER, 2015.

P.C.:

1.

This petitioner challenges judgement and order dated 17th December, 2007 in the matter of award of interim maintenance to the petitioner. The petitioner has been awarded interim maintenances @ Rs.5000/- per month. However, it is case of the petitioner that the said amount is too meagre and the same is required to be enhanced to Rs.30,000/- per month.

2.

The impugned order has been made in petition no C-33 of 2006 pending before the Family Court at Bandra. At this point of time it is reasonable to presume that the impugned petitions has itself been disposed of. In case the petition has not till date been disposed of, Family Court at Bandra, is directed to dispose of the same as expeditiously as possible in any case within a period of 4 months from today. In disposing of the Family petition the Family Court shall not be influenced by the observations in the impugned order or the circumstances that no further relief is being granted to the petitioner in this petition. At this stage no useful purpose would be served by enhancing amount of interim compensation. Based upon the 1/2

rrp 223-wp-4144-2008.odt material that may have been produced by the parties the Family Court will no doubt make an appropriate determination in so far as the amount of maintenance is concerned.

3.

With the aforesaid observation this petition is disposed off. There shall be no order as to costs. All concerned to act on the authenticated copy of this order.

4.

Since none of the parties or their Advocates are appearing in this matter, Registry is directed to send authenticated copies of this order to the Family Court at Bandra taking up petition no C-33 of 2006 within a period of 15 days from today.

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