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Bombay High CourtWP/502/2020disposedoff

Ashish Shankarrao Sonkamble v. Raveena W/O Ashish Sonkamble

2023-06-20Hon'Ble Shri Justice Anil S. Kilor2 pages

8.wp.502.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.502 OF 2020 Ashish Shankarrao Sonkamble .Vs. Raveena W/o Ashish Sonkamble Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.D. Chande, Advocate for the petitioner. Shri Mohd. Saeed Afsar, Advocate for the respondent. CORAM : ANIL S. KILOR, J.

DATED : 20/06/2023 1.

Heard.

2.

The order below Exh.5 dated 05.09.2019 passed by the Principal Judge, Family Court, Nagpur directing the petitioner to pay Rs.10,000/- per month to the respondent towards interim maintenance, is under challenge in this writ petition.

3.

There is no interim relief granted in favour of the petitioner in this matter. By the time, this matter come up for hearing today, the proceeding before the Family Court has reached to the stage of recording the evidence of the respondent.

4.

Admittedly, the present petition is pending for last three years and considering the fact that, as the matter before the family Court is fixed for evidence, there is every C.L.Dhakate

8.wp.502.20.odt possibility that the matter will be decided in near future and while deciding so, the question of maintenance would also be decided on the basis of evidence led by the parties. 5.

Thus, it would be not proper to record and findings on merit at this stage, which may influence the family Court while deciding the matter. Accordingly, I am of the opinion that the purpose would be served if the directions are issued to the family Court to decide the Petition No.E-583 of 2017 (Raveena Vs. Ashish) within stipulated period. Accordingly, I pass the following order: The writ petition is disposed of.

6.

The principal Judge, Family Court, Nagpur is directed to decide the Petition No.E-583 of 2017 (Raveena Vs. Ashish) within six months from today.

7.

All the points raised in the present writ petition are kept open and to be decided by the Family Court, Nagpur at the time of deciding the above referred Petition No.E-2583 of 2017 (Raveena Vs. Ashish).

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate