Dr. Swapnil Rajaram Pawar v. Dr. Priyanka Swapnil Pawar

15.8144.24 ia.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 8144 OF 2024 IN WRIT PETITION NO. 5030 OF 2024 Dr. Swapnil Rajaram Pawar .....Applicant Vs.

Dr. Priyanka Swapnil Pawar .....Respondent Adv. Lochan Chandka h/f Mr. Shubham Singh for the applicant IRESH MASHAL CORAM : GAURI GODSE, J.

DATE :

30th AUGUST 2024 Digitally signed by IRESH MASHAL Date:

2024.09.04 10:52:05 +0530 ORDER:

1.

This application is for seeking stay of the order passed by the Family Court which is impugned in the writ petition. By the impugned order in the writ petition, the petitioner is directed to pay interim maintenance of Rs. 25,000/- per month to the daughter from the date of passing of the order. The order also directs payment of Rs. 50,000/- towards litigation expenses to the respondent-wife. 2.

Learned counsel for the respondent-wife submits that the petitioner is in arrears to the tune of Rs. 3,00,000/- as the petitioner has not paid any amount towards maintenance. He further submits that the minor daughter is 7 years old. Learned counsel for the 1/2

15.8144.24 ia.docx respondent submits that the prayers made in the application are similar to the prayers for interim relief made in the main writ petition. 3.

Writ petition is not yet heard for admission. Learned counsel for the applicant seeks time to argue the writ petition on the ground that advocate on record is not available. Since the interim relief prayed in the present application is similar to the prayer for interim relief in the main petition, it is not necessary to deal with the prayers in the interim application independently. Hence, interim application is dismissed. Prayer for stay of the impugned order shall be considered as and when the writ petition is argued on merits.

4.

It is clarified that this Court has not passed any interim relief. Hence, the respondent is at liberty to file appropriate proceedings for recovering the arrears towards amount of maintenance as per the impugned order.

5.

By way of last chance to the petitioner, list the writ petition under the caption for "Urgent Admission" on 21st October 2024. 6.

It is clarified that if the petition is not argued on merits on the next date, the same will be dismissed for non prosecution. [GAURI GODSE, J.] 2/2