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Bombay High CourtWP/1803/2025disposed off

Amruta W/O Sachin Sonune v. Sachin S/O Namdev Sonune

2025-04-23Hon'Ble Shri Justice Madhav J. Jamdar2 pages

34-WP-1803-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1803 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.04.23 21:49:38 +0530 Amruta W/o Sachin Sonune

...Petitioner

Versus

Sachin S/o Namdev Sonune

...Respondent

ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Mr. Abhishek Kulkarni a/w Sagar Wakale, for the Petitioner. Mr. Ajinkya Udane, for the Respondent.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 23 APRIL 2025 P.C.:

1.

Heard learned Counsel appearing for the parties. 2.

Mr. Kulkarni, learned Counsel appearing for the Petitioner states that he is only pressing relief in terms of prayer clause (D), which reads as under :- "D] By issuing appropriate writ or directions or order, Ld Family Court may kindly be directed to decide application below Exh 16 and Exh 19 forthwith on its own merits filed in PA no-2230/2021."

3.

Mr. Kulkarni, learned Counsel states that Applications filed bearing Exhibit - 16 and Exhibit - 19 seeking interim maintenance and travelling allowance, are not yet decided. He points out the Order dated 4th June 2024 passed by the learned Family Court, Pune below Exhibit - 1 in PA No.2230 of 2021, which reads as under :-

34-WP-1803-2025.doc "ORDER PASSED BELOW Exh-1 in PA no. 2230 of 2021 Though the application for interim maintenance is not decided. The petitioner has produced bank statement today to show that he pays Rs. 6000/- p.m. to her, on his own account. The matter is for evidence of respondent. Today respondent and her adv/remained absent when called out repeatedly. Hence the matter to proceed further for arguments treating evidence of respondent as closed."

4.

It is the submission of Mr. Udane, learned Counsel appearing for the Respondent that the matter is at the stage of final arguments from 4th June 2024.

5.

In any case, even after the passage of about 1 year, the said PA No.2230 of 2021 is not finally decided.

6.

Accordingly, Writ Petition is allowed in terms of prayer clause (D) with no order as to costs.

7.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. [MADHAV J. JAMDAR, J.]