Raj Ashok Rijwani v. Mrs. Mala Agnani

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IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11867 OF 2013 Raj s/o. Ashok Rijhwani ...

Petitioner Vs.

Mala Agnani ...

Respondent Mr. D. S. Chandnani i/b. Lexim Associates for Petitioner. Mr. Chandrakant P. Deogirikar for Respondent. CORAM : R. G. KETKAR, J.

DATE : JANUARY 27, 2015 P.C. :

Heard Mr. Chandnani, learned Counsel for petitioner and Mr. Deogirikar, learned Counsel for respondent at length. 2.

By this Petition under Article 227 of the Constitution of India, the petitioner-husband has challenged the judgment and order dated 26.09.2013 passed by the learned Principal Judge, Family Court, Thane below exhibit-11 in Petition No.A-210 of 2011. By that order, the Family Court partly allowed the application filed by the respondent and directed the petitioner herein to pay interim maintenance @ Rs.10,000/- per month to the respondent with effect from the date of filing of the application i.e. 24.08.2011 till the hearing and final disposal of the main petition. After arguing the Petition for some time, Mr. Chandnani, upon taking instructions from Mr. Ashok Rijhwani, father of the petitioner, who is present in the Court, states that the petitioner will comply the impugned order. He further states that petitioner will take out appropriate application before the Family Court for expeditious disposal of Petition No.A-210 of 2011. Mr. Deogirikar submits that petitioner has not paid the maintenance as per the impugned order. 1/2

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On the motion made by the petitioner, the Petition is disposed of with liberty as prayed for. It is made clear that the Family Court will entertain the application for expeditious disposal of the Petition only after the petitioner clears the entire arrears of maintenance as per the order.

(R. G. KETKAR, J.) Minal Parab 2/2