Rucha Ganesh Bhusari @ Rucha Anurag Kulkarni v. Anurag Pramod Kulkarni

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 WRIT PETITION NO. 2279 OF 2015 RUCHA GANESH BHUSARI @ RUCHA ANURAG KULKARNI

VERSUS

ANURAG PRAMOD KULKARNI ...

Advocate for Petitioner : Mr. R. N. Chavan h/f Mr. S. V. Kurundkar Advocate for Respondents: Mr. K. H. Khan h/f Mr. Hemant Surve .....

CORAM : V. K. JADHAV, J.

DATED : 01st March, 2018 PER COURT:- 1.

Though , the original Hindu Marriage Petition No. 100 of 2014 filed by the respondent / husband came to be disposed of by Civil Judge Senior Division, Nanded, the petitioner / wife is pressing this writ petition as to the order of interim maintenance passed by the Civil Judge (S. D.) to the extent that the Civil Judge (S. D.) should have granted the maintenance from the date of application and not from the date of order. Even though the main Hindu Marriage Petition has been disposed of by the Civil Judge (Senior Division), Nanded, still then, petitioner / wife would get the interim maintenance amount, if this writ petition is considered. So far as the order of interim maintenance in the marriage petition is concerned, same is always from the date of application and the court may grant

917 wp 2279-15 -2the said interim application from the date of order by recording the specific reasons therein.

2.

In the instant case, the learned Civil Judge (S. D.), Nanded has not recorded any specific reasons for granting interim maintenance from the date order. In view of the same, the writ petition succeeds to that extent. Hence, following order.

O R D E R

I.

Writ Petition is hereby partly allowed. No costs. II.

The impugned order below Exh-23 in Hindu Marriage Petition No. 100/2014 dated 18.12.2014, passed by the Civil Judge Senior Division, Nanded is hereby modified to the extent that the petitioner / wife is entitled for the interim maintenance from the date of application.

III.

Rest of the order stands confirmed.

IV.

Writ petition is accordingly disposed of.

( V. K. JADHAV, J.) ....

vsm/