Govardhan Nana Mane v. The State Of Maharashtra And ANR

15-ASWP-11862-2022.DOC Gaikwad RD

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11862 OF 2022 Govardhan Nana Mane

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

None for the Petitioner.

Mr. Avinash Naikwadi, for the Respondent No.2.

CORAM

Dr. Neela Gokhale, J.

DATED:

1st December 2023 PC:- 1.

The Petitioner assails the order dated 10th March 2021 passed by the Civil Judge Senior Division, Panvel by which the Petitioner was directed to pay an amount of Rs.4000/- per month each to his minor children and Rs.7000/- per month to his wife towards interim maintenance from the date of application. He was also directed to pay Rs.5000/- towards cost of the application. 2.

By an order dated 21st September 2023, the Petitioner was given liberty to place on record documents to indicate that he has paid school fees in respect of his minor children for the past two years directly to the school as also documents showing payment of EMI of his house at Khopoli in which the Respondent/wife is 1st December 2023

15-ASWP-11862-2022.DOC residing. He was also directed to deposit an amount of Rs.2,00,000/- as an arrears of maintenance directly in the bank account of the Respondent/wife on or before 9th October 2023. 3.

By an order dated 23rd October 2023, the matter was adjourned by way of a last opportunity since the Petitioner appeared in person and stated that his Advocate was in some difficulty. Even today, the Petitioner has remained absent and there was no representation of any Counsel for the Petitioner. 4.

The learned Counsel for the Respondent, on instructions from Respondent No.2, who is present in the Court, states that the amount of Rs.2,00,000/- directed to be paid as per the order of this Court, has not been paid till date. He has not paid a single rupee towards the interim maintenance of his wife and two children. 5.

It appears that the Petition has been filed only with the purpose of avoiding the payment of maintenance. He has not even complied with the orders of this Court.

6.

In these circumstances, the Petition is dismissed for want of prosecution as well as for non-compliance of the order of this Court dated 23rd September 2023.

(Dr. Neela Gokhale, J) by RAJU DATTATRAYA GAIKWAD Date:

2023.12.02 11:10:46 +0530 RAJU DATTATRAYA GAIKWAD 1st December 2023