Vicky Sanjay Shinde v. Purva Vicky Shinde

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition(ST) NO. 12045 OF 2024 Vicky Sanjay Shinde

...Petitioner

Versus

Purva Vicky Shinde

...Respondent

____________________________________ Adv. Anant Vadgaonkar for the Petitioner.

None for the Respondent.

____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 2 MAY 2024 P.C.:

1.

This Writ Petition is filed by the husband challenging the interim maintenance granted to the wife @ of Rs.8,000/- per month and to daughter @ of Rs.6,000/- per month. Admittedly, as of today, as per the counsel appearing for the petitioner the outstanding amount is of Rs.2,18,000/-. Counsel for the petitioner submits that a sum of Rs.90,000/- has been deposited by the petitioner husband before the Family Court at Solapur. 2.

The Petitioner is working in the SRPF Department as a constable. The Trial Court while passing the impugned order has considered the salary and has also considered the agriculture

income derived by him. The petitioner is the only son of his parents.

3.

In order to show his bona fide, petitioner is directed to deposit the outstanding amount of Rs.2,18,000/- before the Family Court at Solapur within a period of 12 weeks from today. 4.

Petitioner would also henceforth deposit in the Family Court at Solapur on the 10 day of each succeeding month, interim maintenance of Rs.14,000/- per month till the disposal of the Petition NO.A-283-2022 pending before the Family Court at Solapur.

5.

In the meanwhile, respondent wife is permitted to withdraw the amount deposited by the petitioner husband before the Family Court at Solapur.

6.

Subject to the petitioner depositing the outstanding amount as per the directions given in this order, subject to the petitioner depositing the outstanding amount, issue notice to the respondent, returnable four weeks thereafter. Apart from court notice, petitioner is permitted to serve the respondent by advocate's private notice, by all permissible modes of service and file affidavit of service before the next date of the hearing. In the

meanwhile, there will be ad-interim relief in terms of prayer clause (c). The prayer clause (c) reads as under :

"(c)Pending the hearing and final disposal of the present Writ Petition, the effect, operation and implementation of the order dated 25.09.2023 (Exh.H. to the Petition), passed by Ld. Judge, Family Court, Solapur, below Petition No.A-283 of 2022, may kindly be stayed."

7.

Stand over to 27 June 2024. The matter to come up under the caption of "Supplementary Board".

(RAJESH S. PATIL, J.)