Uddhav Laxman Kalaskar v. Shakuntala Uddhav Kalaskar

36-WP-7203-2019.odt -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 36 WRIT PETITION NO.7203 OF 2019 UDDHAV LAXMAN KALASKAR

VERSUS

SHAKUNTALA UDDHAV KALASKAR ...

Advocate for Petitioner : Mr. Tribhuwan Nitin T Advocate for Respondent : Mrs. Gaikwad Chaya E ...

CORAM : V. K. JADHAV, J.

DATED : 20th January, 2020 PER COURT :- 1.

Learned counsel for the petitioner seeks four weeks time to deposit the entire amount of arrears of maintenance before the trial Court. Learned counsel has vehemently submitted that in terms of DNA report, it is apparent that the wife is living in adultery and as such, the petitioner is not liable to pay any maintenance to the respondent - wife. This writ petition is disposed of directing the petitioner to deposit the entire amount towards the arrears of maintenance before the trial Court within four weeks from the date of this order and upon depositing such amount before the trial Court, the trial Court may pass the appropriate orders about withdrawal of the same at the conclusion of trial. In case, if the amount towards the arrears of maintenance is not deposited within the said period of four weeks, the trial Court shall not proceed with the

36-WP-7203-2019.odt -2hearing of the pending HMP and pass the appropriate orders in respect thereof.

2.

Learned counsel for the respondent - wife is permitted to file an application for withdrawal of the amount, if occasions so arises and it is for the trial Court to pass the appropriate orders in accordance with law.

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