Prakash S/O Anandrao Dhande vs Sau. Varsha W/O Prakash Dhande
2023 Latest Caselaw 237 Bom

                                                     1                                  74.WP.6578-2019.odt




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

                            WRIT PETITION NO. 6578 OF 2019
                            ( Shri Prakash S/o Anandrao Dhande
                                             Vs.
                              Sau Varsha W/o Prakash Dhande )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. K.Y. Mandpe, Advocate h/f Mr. Y.B. Mandpe, Advocate for the
                                  Petitioner.
                                  Mr. P.D. Ganvir, Advocate for the Respondent.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 07th JANUARY, 2023

Heard Mr. Mandpe, learned counsel for the petitioner and Mr. Ganvir, learned counsel for the respondent.

2. The petition challenges the order dated 20.06.2019 passed by the learned 2nd Joint Civil Judge Sr. Division, Nagpur granting maintenance of Rs. 2,500/- per month to the respondent/wife and Rs. 1,500/- per month to the daughters named therein, from the date of the application and Rs. 10,000/- as expenses for the proceedings (Page 14).

3. Mr. Mandpe, learned counsel for the petitioner submits, that while passing the impugned order, the learned Court has not taken into consideration the order dated 20.07.2015 passed by the learned 2 74.WP.6578-2019.odt

Judicial Magistrate First Class, Mouda in M.C.A. No. 50/2014 under the Domestic Violence Act, 2005, by which maintenance of Rs. 3,000/- per month has been granted to the respondent and two daughters and so also Rs. 800/- granted towards rent.

4. Mr. Ganvir, learned counsel for the respondent, does not dispute this position, considering which, the impugned order dated 20.06.2019 is hereby quashed and set aside and the matter is remanded back to the learned Trial Court for passing an order afresh after taking into consideration the judgment dated 20.07.2015 passed in M.C.A. No. 50/2014 by the learned Judicial Magistrate First Class, Mouda.

5. The Petition is accordingly allowed in the above terms. No costs.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:10.01.2023 17:40