Dnyaneshwar Ramdas Shinde vs Sujata Dyaneshwar Shinde
2022 Latest Caselaw 7344 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                          WRIT PETITION NO. 778 OF 2021

                      Dnyaneshwar Ramdas Shinde                  ..Petitioner
                           V/s.
SNEHA                 Sujata Dnyaneshar Shinde                   ..Respondent
NITIN
CHAVAN                                               ----
Digitally signed by
SNEHA NITIN
CHAVAN
                      Ms. Neha Parte i/b S.M. Sabrad for the Petitioner.
Date: 2022.07.29
12:30:02 +0530        Ms. N.P. Boraste i/b Girish Agrawal for the Respondent.
                                                     ----
                                              CORAM : C.V. BHADANG, J.

                                                 DATE    : 28 JULY 2022

                      P.C.


                      1.      The challenge in this petition at the instance of            the

Petitioner-husband is to the order dated 17.07.2020 passed by the learned Additional Chief Judicial Magistrate, Niphad in Hindu Marriage Petition No. 325 of 2018. By the impugned order, the learned Chief Judicial Magistrate has granted an interim maintenance and expenditure of the proceedings at the rate of Rs.2,000/- per month to the Respondent-wife from the date of the application.

2. Today the learned counsel for the Petitioner has tendered a copy of the judgment and decree dated 20.03.2022 passed by the learned Joint Civil Judge, Senior Division, Niphad in Marriage

Sneha Chavan page 1 of 2 18 wp 778-21=.doc

Petition No. 156 of 2022 by which the marriage between the parties has been dissolved by the decree of divorce under Section 13B of the Hindu Marriage Act. The copy is taken on record and marked "X" for identification.

3. The learned counsel for the Petitioner in such circumstances states that the parties have amicably settled the dispute and therefore, has sought setting aside of the impugned order.

4. The learned counsel for the Respondent submits that in view of the fact that the marriage between the parties has been dissolved by Consent Decree, appropriate order may be passed.

5. In that view of the matter, petition is allowed. The impugned order is hereby set aside. There shall be no order as to costs.

C.V. BHADANG, J.

     Sneha Chavan                                                     page 2 of 2