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Bombay High CourtWP/13531/2018disposed offdismissed for default

Ashok Bhagwanta Pawar v. Alka Ashok Pawar

2018-12-06Hon'Ble Shri Justice Nitin Jamdar2 pages

dyb 1 WP13531-18dt 06-12-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13531 OF 2018 Mr. Ashok Bhagwanta Pawar ...

Petitioner

Versus

Mrs. Alka Ashok Pawar ...

Respondent Mr. S.V. Deshmukh, Advocate for the Petitioner. Coram : N.M. Jamdar, J.

Date : 6 December 2018 Per Court :

1.

By this petition, the petitioner-husband has challenged the order passed by the learned Civil Judge, Senior Division, Sangamner, under the provisions of Order 39 Rule 11 of the Code of Civil Procedure, dismissing the main petition for disobedience of the order dated 16 June 2013 granting interim monthly maintenance to the respondent-wife to the tune of S 2,000/-. 2.

The petitioner was required to obey the order. However, the petitioner has not deposited the amount of maintenance as per the

dyb 2 WP13531-18dt 06-12-2018 order. At least, the petitioner was expected to clear the arrears as on the date of filing of the petition. Petitioner is a recalcitrant litigant who has refused to pay the maintenance to the wife as per Court order for last five years. No indulgence can be extended to the petitioner. Writ petition is rejected.

N.M. Jamdar, J.