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Bombay High CourtWP/8865/2024transfer to other court

Sunil Subhash Patil v. Prajakta Sunil Patil And ANR

2024-09-02Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

9-wp-8865-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8865 OF 2024 Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.09.10 12:30:51 +0530 VARSHA VIJAY RAJGURU Sunil Subhas Patil ... Petitioner vs.

Prajakta Sunil Patil and Anr ... Respondents Mr. Tejapal S. Ingale, for Petitioner.

Mr. Sarthak S. Diwan for Respondents.

CORAM : GAURI GODSE, J.

DATED : 2nd SEPTEMBER 2024 ORDER:

1.

Learned counsel for respondents submits that the mediation has failed. He therefore requested that the petition be heard on merits. Learned counsel for respondents further submits that as the petitioner is in arrears towards the maintenance amount, he may be directed to make payment towards the maintenance amount as per the impugned order. Learned counsel for the petitioner has handed over particulars of the amount that are deposited in the Family Court at Sangli.

2.

Learned counsel for respondents seeks time to verify if the amount is deposited. Learned counsel for respondents further Page no. 1 of 2

9-wp-8865-2024.doc submits that the Counter Writ Petition (ST) no. 25813 of 2023 is filed for enhancement of the maintenance. However, the same is dismissed in default. He submits that Interim Application No. 11516 of 2024 is filed for restoration.

3.

List the present petition under the caption for 'urgent admission' on 24th September 2024. Interim Application No. 11516 of 2024 in Writ Petition (ST) No. 25813 of 2023 be listed alongwith the present petition on the next date.

4.

In the meantime, if any amount is deposited by the Family Court, Sangli, respondent no.1 is permitted to withdraw the said amount. The amount so deposited shall be paid to respondent no.1 on the production of an authenticated copy of this order. 5.

Learned counsel for the petitioner has tendered an additional affidavit on behalf of the petitioner and the same is taken on record. 6.

Since, the petitioner is still in arrears towards payment of maintenance, before the next date, the petitioner shall make necessary arrangements for depositing the entire arrears towards maintenance as per the impugned order.

(GAURI GODSE, J.) Page no. 2 of 2