Shivnanda Satyawan Karadbhaje v. Satyawan Asaram Karadbhaje And Another

2024:BHC-AUG:21438

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 973 WRIT PETITION NO.12010 OF 2017 WITH CIVIL APPLICATION NO.3421 OF 2024 IN WRIT PETITION NO.12010 OF 2017 WITH CIVIL APPLICATION NO.106 OF 2024 IN WRIT PETITION NO.12010 OF 2017 WITH CIVIL APPLICATION NO. 109 OF 2024 IN WRIT PETITION NO.12010 OF 2017 SATYAWAN S/O. ASARAM KARADBHAJE

VERSUS

SHIVNANDA W/O. SATYAWAN KARADBHAJE & ANOTHER ...

Advocate for the petitioner : Adv.A.A.Nimbalkar Advocate for Respondent no.1 : Adv.D.R.Markad ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 06.09.2024 P.C. :

1] Heard the learned counsel for the parties.

2] By the present Writ Petition, the petitioner challenges the order dated 21.09.2016 passed below Exh.36 by the 2nd Joint Civil Judge Senior Division, Beed in Hindu Marriage Petition No.249/2014, whereby the Civil Judge Senior Division, Beed has directed the petitioner to pay interim maintenance towards minor child.

3] This Court has issued notice and directed the petitioner to deposit 50% of the outstanding amount. Having heard the learned counsel for the parties, I deem it appropriate to pass the following order :

ORDER

i] The amount deposited in this Court be transmitted to the Civil Judge Senior Division, Beed in HMP No.249/2014. The impugned order dated 21.09.2016 stands modified. The petitioner to deposit 100% amount of maintenance [including 50% amount deposited in this Court] before the Civil Judge Senior Division, Beed, towards maintenance of the child and the amount of maintenance deposited be permitted to be withdrawn by the respondent no.1 on compliance of the order dated 01.12.2018 passed by the trial Court below Exh.44 as the said order is passed long back.

ii] Since the respondent-wife is also employed, there is no grave urgency in withdrawing the maintenance awarded to the minor. The same is permitted to be withdrawn after compliance of the order dated 01.12.2018 passed by the Civil Judge Senior Division.

iii] Since the Hindu Marriage Petition is pending before the Civil Judge Senior Division, Beed since long, the Civil Judge Senior Division is directed to decide the pending HMP as early as possible and in any event within a period of 18 months from the date of production of this Court. iv] The petitioner to deposit the aforesaid amount within a period of six weeks.

4] With the above observations, the present Writ Petition is disposed of.

5] All Civil Applications are also disposed of. [ARUN R. PEDNEKER] JUDGE DDC