Jitendra Sunil Bedse v. Varsha Jitendra Bedse
{1} wp597-22 drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.597 OF 2022 Jitendra Sunil Bedse PETITIONER
VERSUS
Varsha Jitendra Bedse RESPONDENT .......
Mr. Anudeep D. Sonar, Advocate for the petitioner Mr. Shrikrashna B. Solanke, Advocate for the respondent .......
[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 31 st MARCH, 2022 ORDER :
1.
The petitioner challenges order dated 16th January, 2020 passed by Family Court, Dhule below Exhibit-25 in Hindu Marriage Petition No. C-07 of 2019, thereby partly allowing the petition and directing the husband to pay monthly maintenance to the wife @ Rs.7000/- per month from the date of filing of the petition.
2.
Heard learned advocate for the petitioner and learned advocate for the respondent. Perused the documents annexed along with the writ petition.
3.
Admittedly, the impugned order is ex parte. It appears from the record that before passing the impugned order, notice
{2} wp597-22 of the proceedings, filed by the wife, was never served on the husband. In this view of the matter and with a view to give reasonable and fair opportunity to the petitioner husband, to contest the matter on merits, the impugned order dated 16th January, 2020 passed by Family Court, Dhule below Exhibit-25 in Petition No.C-7 of 2019 is hereby quashed and set aside. 4.
The family court shall decide the petition filed by the wife, in accordance with law, on its own merits, within a period of three months from the date of receipt of writ of this order, by affording opportunity of hearing to both the parties. The parties shall co-operate in expeditious disposal of the matter. 5.
However, in the facts of the present case, the challenge of the petitioner husband to the order passed below Exhibit-14, whereby directions are given to deduct installment of Rs.5000/- per month from the salary of the petitioner - husband is rejected. The order passed by the Family Court below Exhibit-14 is maintained till final decision of the petition No. 7 of 2009. 6.
With aforesaid directions, writ petition is disposed of. [NITIN B. SURYAWANSHI] JUDGE drp/wp597-22