Sau. Vrunda W/O Ritesh Agarwal v. Shri. Ritesh S/O Ram Pershad Agarwal

2024:BHC-NAG:3080 1 4.WP.1709-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1709 OF 2024 ( Sau. Vrunda W/o Ritesh Agarwal Vs. Shri Ritesh S/o Ram Pershad Agarwal ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Y.A. Agrawal, Advocate for the Petitioner. CORAM: BHARAT P. DESHPANDE, J.

DATED : 12th MARCH, 2024 Heard Mr. Agrawal, learned counsel for the petitioner.

2.

The petition is filed by the wife, thereby challenging the order passed by the learned Family Court below Exh.13 dated 19.07.2023, by which the interim maintenance is allowed for the wife and child at Rs. 6,000/- and Rs. 4,000/- per month respectively. 3.

Mr. Agrawal, learned counsel for the petitioner, would submit that the respondent/husband even though received the summons, failed to appear and contest the proceedings. The respondent even failed to file any affidavit disclosing his income or the salary. He would submit, that the respondent/husband is working in some private firm in Hyderabad and earning around Rs.1,50,000/- per month. However, the petitioner is unable to procure any document as the concerned company failed to submit relevant details.

2 4.WP.1709-2024.odt 4.

Perusal of the order passed by the learned Family Court would go to show that since the petitioner/wife failed prima-facie to show the income of the husband/respondent, the interim maintenance application was allowed by discussing and considering the income at Rs.50,000/- per month on a guess work basis.

5.

Mr. Agrawal, learned counsel for the petitioner, now submit that the petitioner would approach the learned Family Court with an affidavit for modification of the said order and also applying for directions to the concerned private firm where the respondent is working to supply the details so as to decide the application for maintenance or to modify the order.

6.

On the basis of the above submissions, the petitioner is granted liberty to withdraw the present petition with permission to file the necessary application before the learned Family Court as discussed above. If such application is filed, the learned Family Court shall decide the application in accordance with law and by following the principles of natural justice.

7.

The Petition stands disposed of in view of the above terms. No costs.

8.

Pending application/s, if any, shall stand disposed of accordingly.

(BHARAT P. DESHPANDE, J.) Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 13/03/2024 18:16:33 SD. Bhimte