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Bombay High CourtWP/298/2025dismissed

Sheshrao Alais Sachin S/O Marotirao Kamble v. Anjali W/O Sheshrao Alias Sachin Kamble

2025-11-14Hon'Ble Shri Justice Abhay J. Mantri2 pages

2025:BHC-AUG:31238 (1) 927criwp298.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 927 CRIMINAL WRIT PETITION NO. 298 OF 2025 SHESHRAO ALAIS SACHIN S/O MAROTIRAO KAMBLE ....Petitioner

VERSUS

ANJALI W/O SHESHRAO ALIAS SACHIN KAMBLE .....Respondent None for the parties CORAM : ABHAY J. MANTRI, J.

DATE : 14th NOVEMBER, 2025 PER COURT :

1.

None appeared for the petitioner when called out. 2.

Perused the record. It appears from the order dated 2208-2025 that, since the last two dates, no one has appeared for the petitioner; therefore, the matter was posted on 12-09-2025. By the said order, this court has specifically clarified that if no one appears for the petitioner, then this court will be constrained to dismiss the petition for default or decide it on its own merits in the absence of the petitioner.

3.

Despite the said order, none appeared for the petitioner today.

4.

I have gone through the impugned order and record.

(2) 927criwp298.25.odt 5.

On perusal of the record, it appears that the respondent has filed a proceeding under Section 125 of the Code of Criminal Procedure for seeking relief of maintenance. After considering the evidence on record, the learned Judge of the Family Court, Latur, by an order dated 23-01-2025, partly allowed the said proceeding and directed the petitioner to pay maintenance of Rs. 25,000/- per month to the respondent. Being aggrieved by the same, the petitioner has filed this petition.

6.

It is pertinent to note that, as per section 19 of the Family Court Act, the appeal is provided against the order passed by the learned Judge of the Family Court. That being so, in my view, this criminal writ petition is not tenable. Consequently, the criminal writ petition is dismissed as not maintainable.

[ABHAY J. MANTRI, J. ] VishalK/927criwp298.25.odt