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Bombay High CourtWP/9763/2024disposed off

Pradnya Niranjan Khandekar v. Niranjan Ajit Khandekar

2025-11-07Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2025.11.10 17:22:28 +0530 RUSHIKESH VISHNU PATIL 22 WP.9763.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9763 OF 2024 Pradnya Niranjan Khandekar

...Petitioner

Versus

Niranjan Ajit Khandekar

...Respondent

Mr. Venkatesh A. Shastry, for the Petitioner. Ms Seema Sarnaik a/w Ms Sangeeta Salvi and Ms Pooja Chettiar, for the Respondent.

CORAM: MANJUSHA DESHPANDE, J.

DATE : 07th NOVEMBER 2025 P.C:

1.

The Petitioner is seeking enhancement of maintenance amount granted to her son by modifying the order dated 6th December 2023, passed by the Family Court No.4, Pune, below Application at Exhibit No. 16 in Petition A No. 528 of 2020.

2.

While making his submission, the learned counsel for the Petitioner relies on the affidavit of the assets and liabilities filed by the Respondent before the J.M.F.C., Bhor, in D.V. proceedings. The subsequent affidavit with substantial rise in the income of the Respondent has been filed by him on 2nd December 2023. The Petitioner wants to rely on the said affidavit for claiming enhancement of the maintenance granted by the Court, vide order dated 6th December 2023. When the learned counsel for the Petitioner was confronted with the fact that the subsequent affidavit is filed much later in point of time, he has sought liberty to withdraw the present Writ Petition to file a fresh Rushikesh

22 WP.9763.2024.doc application before the Family Court No. 4, Pune, for enhancement of maintenance due to changed circumstances. Liberty is granted to the Petitioner to withdraw the present Writ Petition and file fresh application before the Family Court based on the subsequent affidavit filed by the Respondent before the J.M.F.C., Bhor. 3.

The learned counsel for the Petitioner makes a grievance that there are certain arrears of maintenance still pending. The Petitioner is at liberty to make appropriate application before the Family Court for aforesaid relief.

4.

Accordingly, the Writ Petition is disposed of as withdrawn with liberty to the Petitioner to file appropriate application before the Family Court. If such application is filed by the Petitioner, the Family Court is requested to decide the application,as expeditiously as possible. [MANJUSHA DESHPANDE, J.] Rushikesh