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Bombay High CourtWP/695/2025disposed off

Nitin Santkumar Bajaj v. Mamta Nitin Bajaj Nee Mamta Dwarkaprasad Dhanuka

2025-04-17Hon'Ble Shri Justice Shivkumar Dige3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.695 OF 2025 Nitin Santkumar Bajaj

...Petitioner

Versus

Mamta Nitin Bajaj nee Mamta Dwarkaprasad Dhanuka

...Respondent

Mr. Nitin Santkumar Bajaj, the Petitioner present in-person. Mr. Jitendra Kshirsagar i/b. Udaypuri & Co., for the Respondent.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

17th APRIL 2025 P. C.:

1.

Heard Mr. Nitin Bajaj, the Petitioner who appears in-person and Mr. Jitendra Kshirsagar, learned Counsel appearing for the Respondent.

2.

Mr. Jitendra Kshirsagar, learned Counsel appearing for the Respondent states that yesterday in the evening email communication is sent to the Respondent about today's date of hearing by the Petitioner. He further states that copy of the Writ Petition is not served on him.

3.

Today, in the Court, copy of the Writ Petition is handed over to the learned Counsel appearing for the Respondent by the Petitioner. It is required to be noted that the Petitioner who appears in-person has filed this Writ Petition in December 2024. However, copy of the same is given today to the learned Counsel appearing for the Respondent.

4.

Learned Counsel appearing for the Respondent seeks time. 5.

Stand over to 18th June 2025.

6.

Mr. Nitin Bajaj, the Petitioner who appears in-person states that stay be granted.

7.

By the impugned order maintenance of Rs.12,000/- per month has been granted by the learned Judge, Family Court, Mumbai vide order dated 29th August 2024 passed below Exhibit19 in Petition No.A-2280 of 2017. It is the submission of Mr. Nitin Bajaj, the Petitioner that his income is reducing every year from Rs.3,50,000/- to Rs.2,50,000/- and thereafter from Rs.2,50,000/-

to Rs.1,50,000/- and he states that in the current year his income is Rs.50,000/-. The said case prima facie is unbelievable. 8.

Perusal of the record shows that even copy of the Application bearing Exhibit-19 in Petition No.A-2280 of 2017 filed by the Respondent-Wife seeking maintenance has not been annexed to the Writ Petition.

9.

Mr. Nitin Bajaj, the Petitioner states that additional compilation will be filed in the Writ Petition within a period of three weeks from today. Copy of the same will be served on the Respondent within the said period of three weeks. 10.

Accordingly, no case is made out for granting of any adinterim relief, at this stage. [MADHAV J. JAMDAR, J.] Digitally signed by SONALI MILIND PATIL Date:

2025.04.20 17:32:04 +0530 SONALI MILIND PATIL