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Bombay High CourtWP/2180/2015disposed off

Mr. Rishi Omprakash Didwania v. The State Of Maharashtra And ANR.

2015-04-01Hon'Ble Shri Justice A.P. Bhangale,Hon'Ble Shri Justice A.S. Oka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rpa WRIT PETITION NO.2180 OF 2015 Rishi Omprakash Didwania .. Petitioner Vs.

The State of Maharashtra & Anr.

.. Respondents ....

Mr.Anand Mishra i/b. Mr.Ashok M. Saraogi, Advocate for the Petitioner.

Mr.V.S. Gokhale, AGP for Respondent No.1 - State. ....

CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATED : APRIL 1, 2015.

P.C. :

The challenge in this petition under Article 226 of the Constitution of India is to the order of the Family Court of issuing notice on a petition seeking maintenance filed by the 2nd respondent. If the petitioner has any objection to the maintainability of the petition filed by the 2nd respondent, it is for him to appear before the Family Court and raise objections in accordance with law. A petition filed under Article 226 of the Constitution of India challenging mere order of issuing a notice on a petition is misconceived and cannot be entertained.

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wp-2180-15 By keeping all contentions and remedies of the petitioner open, we reject the petition.

(A.P. BHANGALE, J.) ( A.S. OKA, J.) 2/2