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Bombay High CourtWP/2083/2023disposed off

Gauri Manish Choudhari v. Manish Arun Choudhari

2024-10-14Hon'Ble Shri Justice Arun R. Pedneker2 pages

2024:BHC-AUG:24955 WP 2083/23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 55 WRIT PETITION NO. 2083 OF 2023 GAURI MANISH CHOUDHARI

VERSUS

MANISH ARUN CHOUDHARI ...

Advocate for the Petitioner : Mr. Mahajan Sudhakar T. Advocate for Respondent : Mr. Yawalkar Siddharha B. ...

CORAM : ARUN R. PEDNEKER, J.

Dated : October 14, 2024 PER COURT :- 1.

Heard the learned counsel for the parties.

2.

By way of this writ petition, the petitioner/wife is challenging the impugned order below Exh. 11 passed by the learned Family Court, Jalgaon, filed for interim maintenance under sections 24 of the Hindu Marriage Act in Petition A No. 106/2021, filed by the respondent/husband for divorce. The said application is partly allowed by the Family Court and husband is directed to pay Rs.3000/- p.m. to the respondent/wife on every court date.

3.

In the proceeding under the Domestic Violence Act, the petitioner/ wife is getting interim maintenance of Rs.20,000/- p.m., Rs. 15,000/- and Rs.10,000/- p.m. to the daughter and Rs.15,000/- p.m. towards rental expenses. This is the application under section 24 of the Hindu Marriage Act for interim maintenance and since the appeal is decided, it would not be appropriate to enter into merits of the case as appropriate interim maintenance is already granted in the proceeding filed under Domestic Violence Act to the wife and daughters.

WP 2083/23 4.

In the event, appeal is filed by the petitioner/wife against the final order granting divorce and enhanced interim maintenance is claimed by the wife, the appellate court shall decide the same in accordance with law without being influenced by the observations made by this Court in the present order.

5.

With above observations, writ petition is disposed of. ( ARUN R. PEDNEKER, J. ) ssc/