Bombay High CourtWP/85/2016others disposed off

Captain Maheshkumar Marathe v. Smt. Arundhati W/O Mahesh Marathe

2017-12-05Hon'Ble Smt. Justice R.P. Mohite-Dere2 pages

WP85-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO. 85/2016 (CAPTAIN MAHESHKUMAR MARATHE VERSUS ARUNDHATI MAHESH MARATHE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N.S. Deshpande, counsel for the petitioner. Ms Rashmi Khaparde, counsel for the respondent. CORAM : REVATI MOHITE DERE, J.

DATE : DECEMBER 05 , 2017.

Learned counsel for the petitioner-husband does not press this petition and prays that the proceedings before the trial Court be expedited and be made time bound. He further submits that there are no arrears and that monthly maintenance is being deducted from the petitioner's salary every month. He further submits that without prejudice to his rights and contentions before the trial Court, the said arrangement may be continued till the proceeding before the Family Court is disposed of.

Learned counsel for the respondent-wife has no objection if the proceeding before the Family Court is expedited.

Without going into the merits of the impugned order, the petition is disposed of as not pressed, and with a direction to the learned Judge, Family Court, Nagpur to dispose of Petition No.E-95/2014 as expeditiously as possible and in any event before June-2018. All contentions of both the parties are kept open. The statement of the petitionerhusband that there are no arrears which are due and payable

WP85-16 to the respondent-wife is accepted. Similarly, the statement of the petitioner-husband that he would not take/raise any objection to the deduction of the maintenance from his monthly salary till the proceeding before the Family Court concludes, is also accepted.

It is made clear, that the said order is passed without prejudice to the rights and contentions of both the parties, which may be raised by them, at the time of the trial. Accordingly, the petition is disposed of in the aforesaid terms.

All parties to act on the authenticated copy of this order.

JUDGE APTE