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Bombay High CourtWP/3833/2022disposed off

Urvashi Avinash Dhanorkar v. The State Of Maharashtra And ANR

2022-10-20Hon'Ble Shri Justice M. S. Karnik2 pages

519. wp 3833-22.doc Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.10.20 19:06:57 +0530 DIKSHA DINESH RANE WRIT PETITION NO. 3833 OF 2022 URVASHI AVINASH DHANORKAR ..PETITIONER VS.

THE STATE OF MAHARASHTRA & ANR.

..RESPONDENTS ------------ Ms. Swapna Pramod Kode for the petitioner.

Respondent no.2 present in person.

------------ CORAM : M. S. KARNIK, J.

DATE : OCTOBER 20, 2022.

P.C. :

1.

Not on board; taken on board.

2.

It is the grievance of the petitioner-wife that an application has been made on September 20, 2022 seeking a direction to the respondent-husband to abide by the consent terms.

3.

Learned counsel submits that considering the health of the child, the application needs to be heard expeditiously. It is the submission of learned counsel that the respondenthusband is refusing to pay for the medical expenses and the petitioner-wife does not have the capacity to pay the medical bills which is affecting the health of the child. 4.

The respondent no.2-husband who is personally present in the Court submits otherwise. The respondent-

519. wp 3833-22.doc husband submits that this Court need not pass any order expediting the application.

5.

As there is no order before me, it is not possible for me to deal with the merits at this stage. A request is made by learned counsel for expeditious hearing of the application dated September 20, 2022. The application is yet to be decided. The Family Court is requested to consider the application dated September 20, 2022 in the first instance. Since what is prayed for by petitioner-wife is payment for medical bills of the child, if a request for early hearing is made, I have no manner of doubt that the Family Court will look into the application and decide the application on its own merits if it is satisfied with the urgency. 6.

The writ petition is disposed of.

(M.S.KARNIK, J.)