Sumit Vilas Dorle v. Vaishali Sumit Dorle And ORS

1/2 Yadav 40.wp.3714.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3714 OF 2017 Shri Sumit Vilas Dorle ...

Petitioner

Versus

1.

Sou. Vaishali Sumit Dorle 2.

Varad Sumit Dorle 3.

The State of Maharashtra ...

Respondents Mr. Viresh Purwant for Petitioner.

Mr. S. S. Pednekar, APP for State.

CORAM :

NITIN W. SAMBRE, J.

DATE :

APRIL 27, 2018.

P.C. :

.

The learned Counsel for Petitioner submits that in an Appeal while granting stay to the recovery of the arrears of maintenance, the appellate court has put the Applicant to an unreasonable condition of depositing 50% of the arrears of maintenance. According to him, the maintenance awarded is disproportionate to the actual earnings of the Applicant. Other issues of the matter which dis-entitle the Non-applicant for the maintenance are not taken into consideration.

2/2 Yadav 40.wp.3714.17 2.

In my opinion, the contentions raised are not required to be gone into at the stage of the proceedings in the present Writ Petition in extraordinary jurisdiction, particularly when the condition of deposit of 50% of the maintenance appears to be reasonable. No interference in extraordinary jurisdiction is warranted.

3.

Writ Petition stands dismissed.

(NITIN W. SAMBRE, J.)