Narendra Mukhtyar Patil v. Sunita Narendra Patil And ORS.

(12) WP 4554-18.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by Bharat D.

Pandit Date:

2020.01.18 17:35:25 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.4554 OF 2018 Shri Narendra Mukhtyar Patil ... Petitioner.

V/s Smt. Sunita Narendra Patil and Ors.

.... Respondents.

Mr. Sachin Gite for the Petitioner.

Mr. N.B. Patil, APP for the State.

CORAM: NITIN W. SAMBRE, J.

DATE: JANUARY 15, 2020 P.C.:- 1] Heard.

2] The submission is, order granting conditional stay is without any basis as Trial Court ordered payment of maintenance in the absence of an opportunity of hearing to the Petitioner/husband. 3] The fact remains that appeal at the behest of the present Petitioner against an order of award of maintenance is pending for more than one year. For this period, there is no interim relief operating in favour of the Petitioner.

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(12) WP 4554-18.doc 4] The order of award of maintenance by the Trial Court appears to be substantiated with sufficient reasons. The condition incorporated in the order of stay is quite reasonable. No interference is warranted. Petition is dismissed. Hearing of the appeal is expedited. ( NITIN W. SAMBRE, J. ) 2/2