Bombay High CourtWPCR/150/2018disposed of

Nitish Namdev Verlekar., v. Trupti Nitish Verlekar And ANR.,

2020-10-29Hon'Ble Shri Justice Dama Seshadri Naidu2 pages

wpcr no.150-2018

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL WRIT PETITION NO.150 OF 2018 Nitish Namdev Verlekar ... Petitioner

Versus

Trupti Nitish Verlekar & Anr.

... Respondent Shri Sudin Usgaonkar, Senior Advocate with Ms Vinita Palyekar, Advocate for the Petitioner.

Shri Shailesh Redkar, Advocate for the Respondents. Coram: - DAMA SESHADRI NAIDU, J.

Date: - 29 October 2020 ORAL ORDER:

On 14.10.2020, this Court passed a detailed order about the developments in the case and the desire of the parties on either side to get on with the matter before the trial Court.

2. At any rate, the respondents' counsel has submitted that this Court initially fixed 7,000/- as interim maintenance, tentatively. It ₹ should not be treated as final. According to him, the respondent has to support a child, who needs additional maintenance. Therefore, he wants the Court to fix that interim payment as 9,000/- per month, ₹ pending the trial.

3. On instructions, Shri Sudin Usgaonkar, the learned Senior Counsel, has submitted that the petitioner does not earn much as he works in a hotel. He is, in fact, borrowing amounts to comply with the Court's direction. At any rate, he has submitted that once the trial Court decides on the merits, the parties can have intact their respective rights as to the quantum of the maintenance.

wpcr no.150-2018

4. Both the learned counsel have also informed me that the trial Court has fixed the matter for hearing on Monday, 02.11.2020 and both parties are desirous of proceeding with the matter with no delay.

5. Under these circumstances, this Court's earlier directions as to the interim maintenance are made absolute--but without prejudice to either party.

As a result, I dispose of this Criminal Writ Petition, without adverting to the merits. As trial Court has taken up the matter, I am sure it will decide the matter expeditiously. It may try to dispose of the matter, as it involves the maintenance of the wife and the child, on a priority basis. Parties are free to approach the trial Court and get on with the matter without any further delay. DAMA SESHADRI NAIDU, J.