Bombay High CourtWP/8981/2004disposed off

Pragati Chandrakant Zaveri v. Chandresh Narendra Kumar Zaveri And ANR.

2015-11-20Hon'Ble Shri Justice M.S. Sonak2 pages

skc 209-WP-8981-04

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8981 OF 2004 Pragati C. Zaveri ..

Petitioner vs.

C. Narendra Kumar Zaveri & Anr.

Respondents 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 15 September 2004 to the extent it rejects the Petitioner's claim for higher amount of maintenance pendente lite as well as claim for temporary accommodation and certain other reliefs during the pendency and final disposed of M.J. Petition No. A-152 of 2004. 3] Rule was issued in this petition on 12 July 2006 but no interim reliefs were granted.

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 1/2

skc 209-WP-8981-04 rendered infructuous. In case the same is not yet disposed of, the Family Court at Bandra taking up the said petition is directed to dispose of the same as expeditiously as possible and in any case within a period of six months from today.

At this point of time, it would not be appropriate to interfere with the impugned order and to enhance the quantum of maintenance already granted pendente lite.

5] Rule is disposed of in the aforesaid terms. 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