Mrs. Manjushree Pramod Sonawane v. Mr. Pramod Shamsunder Sonawane

cam-370.15.sxw pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.370 OF 2015 IN FAMILY COURT APPEAL NO.11 OF 2015 Mrs. Manjushree Pramod Sonawane ... Applicant Vs.

Mr. Pramod Shamsunder Sonawane ... Respondent Ms. Swatantri Waghmare i/by Ms. Kshitija Govind Sarangi for the Applicant.

Mr. Abhijit B. Kadam for the Respondent.

CORAM : A.S. OKA & P. D. NAIK, JJ.

DATE : 23rd MARCH, 2016 P.C.

Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. The first prayer in this application is for quashing and setting aside the order dated 24th July, 2012 passed by the learned Judicial Magistrate, First Class at Solapur on an application under Sub-Section (1) of Section 125 of the Code of Criminal Procedure, 1973. The second prayer is for directing deposit of the arrears of maintenance payable in terms of the said order. The third prayer is a consequential prayer.

cam-370.15.sxw However, we find that the said Judgment and Order dated 24th July, 2012 has been set aside by the Judgment and Order dated 18th January, 2014 passed by the Additional Sessions Judge at Solapur and the application made by the Applicant under Sub-Section (1) of Section 125 of the Code of Criminal Procedure, 1973 has been remanded to the Court of the learned Magistrate for hearing.

Therefore, no relief can be granted in this application and the same is disposed of. However, disposal of this application will not prevent the Applicant from making an application in the pending Appeal for grant of maintenance.

(P. D. NAIK, J ) (A.S. OKA, J )