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Bombay High CourtWP/220/2016disposed offdismissed for default

Charansingh Harisingh Rajput v. Neha @ Rosha Charansingh Rajput

2017-04-24Hon'Ble Shri Justice S V Gangapurwala3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 220 OF 2016 Charansingh Harisingh Rajput ..Petitioner Vs.

Sau Neha @ Rosha Charansingh Rajput ..Respondent -- Mr.V.P.Latange, Advocate for the petitioners Mr.Yuvraj V. Kakade, Advocate for respondent -- CORAM : S.V. GANGAPURWALA, J.

DATE : APRIL 24, 2017 ORDER :

This petition is filed against the order of interim maintenance awarded to the respondentwife at the rate of Rs.3,000/- p.m. 2.

Heard Mr.Latange, the learned counsel for the petitioner and Mr.Kakade, the learned counsel for the respondent.

3.

The learned Counsel for the petitioner states that amount of Rs.38,000/- towards maintenance has been paid by the petitioner to the

2 8-wp220-16.odt respondent. The same is disputed by the learned Counsel for the respondent. He states that about Rs.20,000/- has been paid by the petitioner to the respondent.

4.

Though various contentions are raised by the respective parties, it appears that the present petition is filed against the an interlocutory order granting maintenance to the respondent-wife. The substantive proceedings for divorce is pending. Considering the relationship between the parties, the order of maintenance came to be passed.

5.

Considering the time gap and to adjust the equities, I modify the impugned order of the trial Court and pass the following order:- (i) The petitioner shall pay maintenance to the respondent at the rate of Rs.2,000/- per month from the date of the application filed before the trial Court till filing of the present Writ Petition in the month of December, 2015. From

3 8-wp220-16.odt 01.01.2016, the petitioner shall pay maintenance at the rate of Rs.3,000/- p.m. to the respondent. (ii) The petitioner shall pay arrears of maintenance to the respondent within a period of four weeks from today and shall regularly pay Rs.3,000/- per month as maintenance to the respondent, till disposal of the Hindu Marriage Petition.

(iii) Considering the relationship between the parties, the trial Court shall dispose of the Hindu Marriage Petition expeditiously. The parties shall co-operate in expeditious disposal of the said Petition.

(iv) With these directions, the present Writ Petition is disposed of. No costs.

[S.V. GANGAPURWALA, J.] kbp