Sandeep Todi v. Neha S. Todi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

varsha CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6328 OF 2023 Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.09.10 12:25:40 +0530 VARSHA VIJAY RAJGURU Neha Sandeep Todi ... Petitioner vs.

Sandeep Khemraj Todi ... Respondent WITH INTERIM APPLICATION NO. 14513 OF 2023 WITH INTERIM APPLICATION NO. 848 OF 2024 WITH INTERIM APPLICATION NO. 14506 OF 2023 WITH INTERIM APPLICATION NO. 14509 OF 2023 IN WRIT PETITION NO. 6328 OF 2023 Sandeep Todi ... Applicant vs.

Neha S. Todi ... Respondent Ms. Unnati Ghia a/w. Mr. Sujit Lahoti, Ms. Tejasvi Kudtarkar, Mr. Aditya Sheth i/b. Sujit Lahoti and Associates, for Petitioner. Mr. Sandeep K. Todi, Party in person for Respondent in WP/6328/23.

CORAM : GAURI GODSE, J.

DATED : 4th SEPTEMBER 2024 Page no. 1 of 3

ORDER:

WRIT PETITION NO. 6328 OF 2023 1.

This petition is for seeking direction to the respondent to forthwith pay the amount of arrears of maintenance as per the orders passed by the Family Court. Petition also prays for directions to the Family Court to hear Dharkast Proceedings and pass necessary orders.

2.

Learned counsel for the petitioner submits that this petition was filed as at the relevant time there was no Presiding Officer and the Dharkast Proceedings were not heard.

3.

Learned counsel for the petitioner submits that now the Dharkast Proceedings are assigned to regular court and the said proceedings can be decided before the concerned Judge to whom the matters are assigned. Since the proceedings are still pending before the concerned Judge of the Family Court, I do not see any reasons to entertain this petition.

4.

The parties are at liberty to raise the rival contentions in the pending proceedings before the Family Court.

5.

Writ Petition is disposed of as infructuous.

6.

It is clarified that I have not examined the rival contentions of Page no. 2 of 3

the parties on merits, hence all the rival contentions of the parties on merits are kept open.

7.

In view of the disposal of the Writ Petition, all the pending Interim Applications are disposed of as infructuous. 8.

Learned counsel for the wife insisted that this court may issue necessary directions to the Family Court to expedite hearing within a time bound manner. I do not see that this is an exceptional case to issue direction. Hence, prayer is rejected.

(GAURI GODSE, J.) Page no. 3 of 3