Shrikrishna Yeshwant Maharaj vs Meena Shrikrishna Maharaj
2023 Latest Caselaw 4533 Bom

                                                      24-WP-3321-2023.doc




        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 3321 OF 2023


Shrikrishna Yeshwant Maharaj                         ...        Petitioner
      Versus
Meena Shrikrishna Maharaj                            ...        Respondent

                           .....
Mr. Rahul Prakash Walvekar a/w Kush M. Lahankar, for the
Petitioner.
                           .....

                               CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 2nd MAY, 2023.

P.C.

Heard learned Counsel for the petitioner for some time.

2 Perused the impugned order passed below Exh. 11 in Petition

A-38 of 2021 by which the petitioner has been directed to pay

interim maintenance to the respondent-wife at the rate of

Rs.20,000/- per month from 18th November, 2021.

3 Learned Counsel has invited my attention to an order dated

9th October, 1998 passed by a Division Bench of this Court in Civil

Application No. 5235 of 1998 in First Appeal No. 316 of 1998.

     Rekha Patil                                                        1 of 3


                                                         24-WP-3321-2023.doc

The Division Bench has made specific observations about the

attitude and conduct of the respondent-wife. However, while

disposing of the said application a sum of Rs.1000/- per month was

granted towards maintenance in respect of applicant No.2-Abhiram,

who was then minor. The Division Bench has rejected the claim of

the respondent-wife.

4 It is further submitted that an Appeal preferred by the

petitioner before the District Court, Kolhapur challenging the

judgment in Hindu Marriage Petition No. 99 of 1991 was allowed

by setting aside the decree of the trial Court and decreed the Suit

for judicial separation.

5 Having regard to the aforesaid facts and circumstances, there

shall be ad-interim relief in terms of prayer clause (c) of the Petition,

which reads as under :

" c. That pending the hearing and disposal of the petition this Hon'ble Court be pleased stay the execution, implementation and effect of the impugned order dated 09/11/2022 passed by Ld. Judge, Family Court at Kolhapur below Exh.11 in Petition No. A-38 of 2021."

     Rekha Patil                                                          2 of 3


                                                      24-WP-3321-2023.doc




6        Issue notice to the respondent, returnable on 15th June, 2023.



7        In addition to the Court's notice, the petitioner shall serve

the respondent by a private notice and file affidavit of service before

the returnable date.

                                  [PRITHVIRAJ K. CHAVAN, J.]




     Rekha Patil                                                       3 of 3