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Bombay High CourtCA/8179/2025disposed off

Prajakta Tushar Shinde Alias Prajakta Vasant Dhole v. Tushar Pandurang Shinde

2025-12-08Hon'Ble Shri Justice Y. G. Khobragade3 pages

2025:BHC-AUG:34199

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8179 OF 2025 IN WP/864/2025 PRAJAKTA TUSHAR SHINDE ALIAS PRAJAKTA VASANT DHOLE

VERSUS

TUSHAR PANDURANG SHINDE ...

Mr. S. B. Solanke, Advocate for the Applicant/Original Respondentwife WITH 65 WRIT PETITION NO. 864 OF 2025 TUSHAR PANDURANG SHINDE

VERSUS

PRAJAKTA TUSHAR SHINDE CORAM : Y. G. KHOBRAGADE, J.

Dated : 8th December, 2025 PER COURT :- 1.

Heard Shri Solanke, learned counsel for the applicant/ original respondent wife. None appeared for the Non-applicant/ Original Petitioner-husband.

2.

By the present present Civil Application No. 8179 of 2025, the applicant prays for transmission of Rs.70,000/-, as per order dated 17.04.2025 passed by this Court, to her Account No.62369484990 which she maintained in her maiden name i.e. Prajakta Vasant Dhole with State Bank of India, Chhavani Branch, Aurangabad (Chh. Sambhajinagar) .

3.

The record speaks that the present non applicant/original petitioner challenged the order dated dated 11.12.2024 passed below Exh.26 in Civil M.A. No.1264 of 2023, whereby the employer of the petitioner was directed to attach 1/3rd salary of the petitioner and to deposit the same with the concerned court. On 03.02.2025, while issuing notice, this court granted interim stay subject to depositing the entire amount of arrears of maintenance and the said amount has been deposited. On 17.04.2025, this Court passed an order in Civil Application No. 4242 of 2025 and permitted the present applicant/original respondent to withdraw the said amount of Rs.70,000/-, however, she could not withdraw the said amount because of maintenance of account in her maiden name as above. It appears that the petitioner himself gave the maiden name of the present applicant as Prajakta d/o Vasant Dhole.

4.

In view of the above facts and circumstances, Civil Application No. 8179 of 2025 is allowed.

5.

The Registry of this Court is directed to transmit the amount of Rs.70,000/- to the account of the applicant i.e. Account No.62369484990 maintained by her with State Bank of India,

Chhavani Branch, Aurangabad (Chh. Sambhajinagar) in her maiden name as Prajakta Vasant Dhole.

6.

Learned counsel appearing for the present applicant submits that the subject matter of the writ petition is for attachment of salary of the petitioner to the extent of recovery of Rs.70,000/- and the said amount has been deposited and therefore, the petition has become infructuous. However, since the counsel for the petitioner remained absent, final order cannot be passed in the petition in his absence. Stand over to 18.12.2025. ( Y. G. KHOBRAGADE, J. ) JPChavan