Reena Maharana v. Kartik Chandra Maharana

osk 5-wp-9364-2017.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9364 OF 2017 Reena Maharana ...

Petitioner.

V/s.

Kartik Chandra Maharana ...

Respondent.

• Mr.Pushpa Tiwari i/b. SRS Legal for the Petitioner. • Mr.Jitendra H. Oak for the Respondent.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATED : 9th OCTOBER, 2017.

P.C. :- 1] Heard learned counsel for both the parties.

2] This application is preferred by the Petitioner-wife on the ground that the prayer made by her in the application for interim maintenance filed before the trial Court, for disclosure of the income, assets and liabilities of the Respondent-husband on affidavit, is not considered by the Family Court and therefore, it is as good as rejected.

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osk 5-wp-9364-2017.odt 3] It is undisputed that the Petitioner's application for interim maintenance claimed at the rate of Rs.60,000/- per month was allowed by the trial Court. As regards her another prayer for disclosure of the income of the Respondent, it is neither expressly dealt with, nor it is rejected and therefore, it follows that the Family Court has considered the said prayer as an interim prayer which was to facilitate the order for the award of interim maintenance. Now the interim maintenance, as claimed by the Petitioner being awarded, there is no reason as such for the Petitioner to agitate against the impugned order of the trial Court. Her only apprehension is that this order may be considered as res-judicata. It is therefore clarified that this order is not to be considered as res-judicata and the Petitioner is at liberty to ask for the same prayer about disclosure of the Respondent's assets.

4] Writ Petition is disposed of in above terms.

(DR. SHALINI PHANSALKAR-JOSHI, J.) 2/2