Mandeep Singh Mokha v. Mehar Kaur Mokha, Minor, Thr. Natural Guardian, Mother, Mandeep Kaur W/O Mandeep Singh Mokha

2024:BHC-NAG:7507 21-cwp-4133-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH: NAGPUR WRIT PETITION NO. 4133 OF 2024 Mandeep Singh Mokha

...Petitioner

Versus

Mehar Kaur Mokha, Minor through Natural Guardian Mother- Mandeep Kaur w/o.

Mandeep Singh Mokha

...Respondent

Mr. Mohammad Ateeque Abdul Mushtaque for the Petitioner.

CORAM

:

N. R. BORKAR, J.

DATE :

11 JULY 2024.

PC:- .

This petition takes exception to the order dated 15.6.2024 passed by the learned Judge, Family Court No.2, Nagpur below Exhibit-36 in Petition No. C-30/2018.

2.

The petitioner herein had filed an application at Exhibit-36 before the Family Court and sought review of the order passed by it dated 14.2.2020 in relation to the interim maintenance. By the order impugned, the said application came to be rejected.

3.

The learned counsel for the petitioner submits that order of interim maintenance was obtained by playing fraud. It is, Dinesh S. Sherla 1/2

21-cwp-4133-24.doc therefore, submitted that the trial Court ought to have entertained the application for review of the order. In support of the submissions, the learned counsel for the petitioner has placed reliance on the judgment of the Supreme Court in the case of United India Insurance Co. Ltd. vs. Rajendra Singh and ors.1.

4.

Perused the application at Exhibit-36 and impugned order. There are no averments in the application at Exhibit-36 as to why the application was not moved for a period of four years. I am, therefore, not inclined to interfere with the impugned order. The Petition is dismissed.

5.

Pending Application(s), if any, are disposed of. (N.R. BORKAR, J.) (2000) 3 SCC 581 Dinesh S. Sherla 2/2 Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 16/07/2024 15:02:28