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Bombay High CourtWP/6665/2025dismissed

Kishor Bhimrao Patil v. Rohini Kishor Patil And ANR

2025-12-19Hon'Ble Shri Justice Madhav J. Jamdar2 pages

09-WP-6665-2025.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.6665 OF 2025 Kishor Bhimrao Patil

...Petitioner

Versus

Rohini Kishor Patil & Ors.

...Respondents

Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.20 12:21:44 +0530 ARJUN VITTHAL KUDHEKAR _______________________________________________________________ Mr. Ajinkya V. Taskar (Through Video Conferencing), for the Petitioner. Mr. S. M. Mangaonkar, APP, for the Respondent-State. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 19 DECEMBER 2025 P.C.:

1.

By the present Writ Petition, the challenge is to the legality and validity of the Order dated 15th September 2025 passed by the learned Judge, Family Court, Nashik, in Petition No. A 227 of 2025, E 05 of 2023 and ER 03 of 2025.

2.

However, perusal of the record shows that in the said Order dated 15th September 2025 it has been merely observed that if the Order granting maintenance is not complied with, the Court may have to take recourse to Order XXXIX Rule 11 of the Code of Civil Procedure, 1908 ("CPC"). As no effective order has been passed, it is not necessary to entertain the Writ Petition at this stage.

09-WP-6665-2025.doc 3.

Accordingly, the Writ Petition is dismissed.

4.

Needless to observe that if any Order is passed by the Court under Order XXXIX Rule 11 of CPC, the Petitioner is at liberty to challenge the said Order.

5.

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