Vaibhav Sukram Choudhari v. Jyoti Vaibhav Chaudhari

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1762 OF 2021 Vaibhav s/o Sukram Chaudhari Petitioner

Versus

Mrs. Jyoti w/o Vaibhav Chaudhary Respondent Petitioner is present party-in-person.

CORAM : V.K.JADHAV, J.

DATE : 29h January, 2021.

PC :

I have heard the petitioner, party-in-person at length. It appears that by way of this writ petition, the petitioner has challenged the order dated 09th March, 2020, granting interim maintenance @ of Rs.6000/- per month to the respondent-wife, passed by the learned Judge, Family Court at Aurangabad, during the pendency of Petition No.A-360 of 2019, fled by the petitioner for decree of divorce. The petitioner (party-in-person) now informs that by judgment and order dated 19th December, 2020, the Family Court has dismissed the said petition.

{2} wp176221.odt The petitioner submits that he is ready to pay arrears of maintenance as per the interim order. However, the petitioner is making submissions on merits of the Marriage Petition. The petitioner is at liberty to prefer an appeal against the said order of dismissal of Marriage Petition seeking decree of divorce. So far as the interim order granting meager amount of Rs.6000/- per month towards maintenance is concerned, the same hardly requires any interference. The petitioner is serving as an Assistant Engineer and drawing salary of Rs.53000/- per month. Though the petitioner has tried his best to convince this Court that even in the proceedings under Section 125 Cr.P.C., the learned Magistrate has awarded interim maintenance @ Rs.4000/- per month, however, the order passed by the Family Court granting interim maintenance @ Rs.6000/- p.m. came to an end, since Petition No.A-360 of 2019 came to be dismissed. In view of the same, I fnd no fault in the same. Writ Petition is dismissed.

(V.K.JADHAV) JUDGE adb