Sau. Sangita W/O Prakash Kride vs Prakash S/O Payoshnidhar Kirde
2016 Latest Caselaw 6310 Bom

                                        1                                                      wp5178.15 (J).odt

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   NAGPUR BENCH AT NAGPUR




                                                                                                 
                            WRIT PETITION NO.5178 OF 2015




                                                                      
    Sau. Sangita w/o Prakash Kirde,
    Aged about 45 years,
    Occupation - Service,




                                                                     
    R/o. "Ajinkya" Chaturbhuj Colony,
    Near Sudhir Colony, Akola, 
    Tahsil and District - Akola.                                 ..               Petitioner




                                                   
                    .. Versus..

    Prakash s/o Payoshnidhar Kirde,
    Aged about 50 years,
                                  
    Occupation - Service,
                                 
    R/o. C/o. Ramu Giri's house,
    Avadhoot Colony, Akot
    Tahsil and District - Akola.
      

    Permanent resident of Kela Plots,
    Near Ice Factory, Jatharpeth,
   



    Akola.                                                       ..               Respondent

      
                          ..........





    Shri J.B. Gandhi, Advocate for petitioner,
    Shri   Mahesh   Vyas,   Advocate   h/f   Shri   U.J.   Deshpande,   Advocate   for 
    respondent.
                            ..........





                                    CORAM :  A.S. CHANDURKAR, J.

DATED : OCTOBER 24, 2016.

ORAL JUDGMENT

1] Rule. Rule made returnable forthwith. Heard finally with the

consent of the learned counsel for the parties.

                                         2                                                      wp5178.15 (J).odt

    2]              The petitioner, who is the original respondent in proceedings 




                                                                                                 

filed by the present respondent before the Family Court at Akola, is

aggrieved by the order dated 23.5.2014 below Exh.6, whereby she has

been restrained from causing obstruction to the respondent from

exercising the right of residence in the suit property.

3] The respondent herein is the husband of the petitioner.

According to the respondent, there was matrimonial discord resulting in

disputes being filed by both parties against each other. On 16.5.2014,

the respondent filed a petition for grant of perpetual injunction seeking

to restrain the petitioner from not allowing the respondent from entering

the residential house. By the impugned order, said application has been

allowed.

4] After hearing the learned counsel for the parties for some

time, I find that the interests of justice would be met if the Family Court

is directed to decide the substantive proceedings on merit, by further

directing the parties to maintain the status quo as of today during the

said period. This arrangement is being worked out after taking into

consideration the earlier interim order passed by this Court on 30.5.2014

in the appeal filed by the petitioner which was subsequently withdrawn.

The further fact taken into consideration is that the respondent is

presently residing at Akot and is stated to be serving at Akot while the

3 wp5178.15 (J).odt

petitioner is stated to be residing and serving at Akola.

5] In view of aforesaid, the writ petition is disposed of by passing

the following order :

(i) The Family Court, Akola shall decide Petition No.B-5/2014 on its

own merits and by the end of April-2017.

(ii) During the pendency of the said proceedings, the parties shall

maintain status quo as of today without prejudice to their rights and

contentions.

(iii) The Family Court shall decide the proceedings without being

influenced by the aforesaid interim arrangement.

(iv) Writ Petition is disposed of in aforesaid terms. No costs.

JUDGE

Gulande, PA