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Bombay High CourtWP/5267/2024disposed off

Sangita Chawla D/O Satish Kumar Chawla v. Suryanarayan Ganesh S/O K N Ganesh

2024-05-03Hon'Ble Shri Justice Madhav J. Jamdar2 pages

KVM 1/2 921 - WP 5267 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by KANCHAN VINOD MAYEKAR Date:

2024.05.06 12:46:58 +0530 KANCHAN VINOD MAYEKAR WRIT PETITION NO. 5267 OF 2024 Sangita Chawla ..... Petitioner

VERSUS

Suryanarayan Ganesh ..... Respondent Ms.Kokila Kalra for the Petitioner.

None for the Respondent.

CORAM: RAJESH S. PATIL, J.

DATE : 3 MAY, 2024 P.C. :- The present petition is filed by the wife challenging interim maintenance order passed on 4 December, 2023, by the Family Court, Mumbai.

2.

Ms.Kalra, learned counsel appearing for the petitioner submits that the Family Court, Mumbai has not considered the ratio laid down by the Supreme Court in case of Rajnesh vs. Neha reported in (2021) 2 SCC 324.

KVM 2/2 921 - WP 5267 OF 2024.doc 3.

Ms.Kalra submits that the order grants interim maintenance at the rate of Rs.50,000/- per month to the daughter from the date of the passing of the order. She submits that as per the ratio laid down by the Supreme Court in case of Rajnesh (supra), the interim maintenance should be granted from the date of filing of the application.

4.

Issue notice to the respondent, returnable on 14 June, 2024.

5.

Apart from the Court notice, the petitioner is also permitted to serve the respondent by private notice, by all permissible modes of service and file affidavit of service before the next date of the hearing.

[RAJESH S. PATIL, J.]