Raju Bajrangi Jaiswar v. Sadhana Raju Jaiswar

Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.09.03 20:43:27 +0530 ARJUN VITTHAL KUDHEKAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1471 OF 2024 Raju Bajrangi Jaiswar

...Petitioner

Versus

Sadhana Raju Jaiswar

...Respondent

_______________________________________________________________ Ms. Bhagyesha Kurane a/w Nikita Kinjara, Priyal Gupta i/b Vijay Kurle, for the Petitioner.

Mr. R. S. Dube, for the Respondent.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 03 SEPTEMBER 2025 P.C.:

1.

By the present Writ Petition filed under Article 227 of the Constitution of India the challenge is to the legality and validity of the Order dated 12th July 2023 passed by the learned 2nd Joint Civil Judge, Senior Division, Kalyan below Exhibit-14 in M. P. No.1080 of 2019 ("impugned Order"). By the impugned Order, Rs.15,000/- per month has been directed to be paid as interim maintenance to the Respondent - wife and daughter.

2.

It is an admitted position that till 31st August 2025 the Petitioner has paid maintenance at the rate of Rs.12,000/- per month. 3.

The Petitioner and the Respondent are personally present in the Court. The Petitioner states that he will pay maintenance at the rate of Rs.15,000/- per month w.e.f. 1st September 2025, however, the access

of his minor daughter has not been given to him. In view of the contention raised by the Petitioner, the Respondent has stated that she will give the access of the child to the Petitioner. 4.

Accordingly, both the Petitioner and the Respondent have entered into the 'Consent Terms'. The Consent Terms are signed by the Petitioner and the Respondent as also their respective Advocates. The respective Advocates identify the signatures of the respective parties on the Consent Terms. The respective Advocates submit that the Petitioner and the Respondent have entered into the Consent Terms voluntarily. The Petitioner and the Respondent who are personally present in Court also state that they have also voluntarily executed the Consent Terms. 5.

Accordingly, the Consent Terms are taken on record and marked "X" for identification. Various statements made in the Consent Terms are accepted.

6.

The Petitioner shall pay an amount of Rs.15,000/- per month in the bank account of the Respondent on or before the 10th day of each succeeding month. First such payment shall be made on or before 10th October 2025. The Petitioner who is personally present in Court, states that he will make payment of Rs.15,000/- every month on or before 10th day of each month. Arrears, if any, at the rate of Rs.12,000/- per month till 31st August 2025 shall also be cleared by 10th October 2025. The said statements are accepted as undertakings given to this Court.

7.

Accordingly, the impugned Order dated 12th July 2023 passed by the learned 2nd Joint Civil Judge, Senior Division, Kalyan below Exhibit-14 in M. P. No.1080 of 2019 is modified in terms of the Consent Terms and in above terms.

8.

The Writ Petition is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.]