Dr. Surekha C. Pardeshi Alias Surekha B. Mahabal v. Chandrashekar R. Pardeshi

1 WP 3786-05.doc-208

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3786 OF 2005 Dr. Mrs. Surekha C. Pardeshi ] Alias Surekha B. Mahabal.

] ... Petitioner

Versus

Dr. Shri Chandrashekhar R. Pardeshi.

] ... Respondent None present.

CORAM :- M. S. SONAK, J.

DATE :- JANUARY 07, 2016 P. C. :- 1.

Neither the petitioner nor her Advocate are present. However, considering that the petition is of the year 2005, the same is finally disposed of.

2.

The challenge in this petition is to the order dated 29/09/2004 made by the II Joint Civil Judge Senior Division at Nashik ('CJSD') rejecting the petitioner's application at Exh.13 seeking interim alimony during the pendency of Hindu Marriage Petition No.224 of 2001.

URS

2 WP 3786-05.doc-208 3.

At this point of time, it is reasonable to presume that the Hindu Marriage Petition No.224 of 2001 has been disposed of by the learned CJSD. In any case, it would not be appropriate at this stage to interfere with the impugned order. Rather, it would be appropriate if directions are issued to the learned CJSD to dispose of Hindu Marriage Petition No.224 of 2001 as expeditiously as possible and in any case, within a period of six months from the date of receipt of authenticated copy of this order. In disposing of the said petition on its merits and in accordance with law, the learned CJSD need not be influenced by any observations contained in the impugned order dated 29/09/2004 or the circumstance that the said order is not being interfered with by this Court. With the aforesaid observations and directions, this petition is disposed of.

4.

Since neither of the parties are appearing, the Registry is directed to transmit the authenticated copy of this order to the II Joint Civil Judge Senior Division at Nashik taking up Hindu Marriage Petition No.224 of 2001, within a period of 15 days from today. (M. S. SONAK, J.) URS