Shri. Kiran Popat Satpute v. Mrs. Ashwini Kiran Satpute

(20) WP 2329-15.doc Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2329 OF 2015 Shri Kiran Popat Satpute .. Petitioner Vs.

Mrs. Ashwini Kiran Satpute .. Respondent Mr. V.B. Tapkir for the Petitioner.

CORAM : K. K. SONAWANE, J.

DATE : 26 th JULY, 2018.

P. C. :

1.

Heard learned Counsel for petitioner.

2.

He submits that respondent-wife has withdrawn M. J. Petition No. A2400 of 2012 filed for dissolution of marriage. The impugned order came to be passed pending the matrimonial proceeding for divorce. The learned Counsel submits that as the original proceeding has come to an end, there is no propriety to contest the legality and validity of the impugned order under challenge. He requested to dispose of the petition subject to condition that the petitioner-husband is only liable to pay interim maintenance till disposal of the main petition i.e. till the date of withdrawal of petition on behalf of respondent-wife.

3.

In view of attending circumstances on record and withdrawal of original proceeding by the respondent-wife filed for divorce, there is no necessity to go into the allegations for verification of legality and validity of the impugned order.

1/2

(20) WP 2329-15.doc 4.

The learned Trial Court bade the petitioner-husband to pay the interim maintenance @ Rs.4000/- p.m. from the date of application i.e. 26.07.2013 till disposal of the main petition. Obviously, the main petition came to be withdrawn and therefore the date of withdrawal of the petition would be the date of disposal of the main petition for recovery of maintenance amount as directed by the learned Trial Court. 5.

In view of the above direction, the writ petition stands disposed of. by Arjun Machhindra Kadam Date: 2018.07.31 12:26:05 +0530 Arjun Machhindra Kadam [K. K. SONAWANE, J.] 2/2