Gopal Abasaheb Kashte v. Sunita W/O Gopal Kashte And Another

916-Cri-WP-397-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 397 OF 2022 Gopal Abasaheb Kashte ... Petitioner

Versus

Sunita Gopal Kashte and another ... Respondents ....

Mr. Hemant S. Surve, Advocate for petitioner ....

CORAM : R. G. AVACHAT, J.

DATED : 15th MARCH, 2022 PER COURT :- .

Heard.

2.

The challenge herein is to the order dated 15.02.2022, passed by the learned J.M.F.C. Court No.12, Aurangabad, on Exh.17 in PWDVA No.295 of 2021, rejecting the petitioner's application to give him a copy of affidavit of assets and liabilities furnished by the respondent No.1 wife. According to the learned Advocate, unless he goes through the affidavit, he is unable to respond to the application preferred by the respondent wife. The learned Advocate took me through the judgment of the Hon'

ble Apex Court in the case of Rajnesh Vs. Neha and Anr., in Criminal Appeal No.730 of 2020.

(( 2 )) 916-Cri-WP-397-2022 3.

It appears that without issuing notice to the other side, the petition could be disposed of with the following order:-

O R D E R

I.

The learned Judicial Magistrate, First Class, Court No.12, Aurangabad, shall give the petitioner inspection of the affidavit filed by the respondent wife of her assets and liabilities, within a period of four days from the date of receipt of copy of this order and grant the petitioner two weeks time thereafter to file his response to the application and then decide the matter/application for interim maintenance on its own merits. It is hoped that the petitioner would also adhere to this time frame.

4.

The petition stands disposed of.

[ R. G. AVACHAT, J. ] SMS