Ashvini Vishal Sonar And ANR v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2533 OF 2025

1. Sou. Ashvini Vishal Sonar

2. Master Darshil Vishal Sonar

...Petitioners

Versus

1. State of Maharashtra &

2. Shri. Vishal Gopal Sonar

...Respondents

Mrs. Shivani Wadnere, Advocate for Petitioners. Mr. Sanjeev P. Kadam, Senior Counsel a/w Ms. Varsha M. Thorat for Respondent No.2 Ms. S.D. Shinde, Advocate appointed as Amicus Curiae Ms. Poonam P. Bhosale, APP for State of Maharashtra.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

11th August 2025 P.C.:

1.

Heard Ms. Shinde, learned Amicus Curiae, Mrs. Wadnere, learned Counsel appearing for the Petitioners, Mr. Kadam, learned Senior Counsel appearing for Respondent No.2 and Ms. Bhosale, learned APP for the State.

2.

The challenge in this Writ Petition is to the Order dated 25th March 2025 passed by the learned Judge, Family Court, Nashik below Exhibit-39 in Petition No. E-60 of 2021. The said Application bearing Exhibit-39 has been filed for enhancement of interim maintenance.

3.

The learned Judge, Family Court, Nashik by the impugned Order dated 25th March 2025 has directed that the said Application bearing Exh-39 would be decided at the time of final hearing of the said Petition No.E-60 of 2021 as the said Petition itself can be disposed of finally at the earliest. However, till date, the said Petition No.E-60 of 2021 is not disposed of.

4.

In the facts and circumstances and in the interest of justice, following Order is passed :

O R D E R

(i) The concerned learned Judge, Family Court, Nashik is requested to dispose of Petition No.E-60 of 2021 within a period of six months from today.

(ii) If the said Petition E-60 of 2021 is not disposed of within a period of six months, then the learned Judge, Family Court shall consider and pass Order on Application bearing Exhibit-39 filed in Petition E-60 of 2021 seeking enhancement of interim maintenance. Such order be passed

within a period of two months, if the Petition No.E-60 of 2021 is not disposed of within a period of six months. (iii) The contentions of both the parties on merits are expressly kept open.

5.

It is clarified that this Court has not considered the merits and all contentions on merits are expressly kept open. 6.

This Court places on record its appreciation for the assistance rendered by Ms. S.D. Shinde, learned Advocate appointed as Amicus Curiae.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2025.08.13 16:40:27 +0530