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Sagar Dattatray Maid vs Sou. Sneha Sagar Maid on 14 January, 2019

1/2 502.WP.369-19.doc

[Sagar Dattray Maid Vs. Sneha S. Maid]

Office Notes, Office Court’s or Judge’s orders.
Memoranda of
Court’s orders or
directions and
Registrar’s orders
Ms.Aditi S. Naikare, Advocate for the Petitioner.


DATE : 14/01/2019

1. Not on board. At the request of Ms.Naikare taken up in
the production board.

2. Heard Ms. Aditi S. Naikare, learned Counsel for the

3. This Petition takes exception to the order dated
17.11.2018 passed by the learned 2nd Jt. Civil Judge, Senior
Division, Khed-Rajgurunagar below Exhibit-10 in Marriage
Petition No.77/2017. By that order, the learned trial Judge
allowed the application filed by the respondent under Section
24 of the Hindu Marriage Act, 1955 (for short, ‘Act’) for interim
maintenance and directed the petitioner to pay maintenance
pendente lite to the tune of Rs.5,000/- per month to the
respondent from the date of the application. The petitioner is
further directed to pay Rs.1,000/- as expenses of the

4. In support of this Petition, Ms.Naikare submitted that
the respondent also filed application for interim maintenance

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2/2 502.WP.369-19.doc

under Section 23 of the Protection of Women from Domestic
Violence Act, 2005 (for short, ‘D.V. Act’) claiming interim
maintenance of Rs.20,000/- per month to her. By order dated
30.10.2018, the learned J.M.F.C., Ghodegaon partly allowed
the application and directed the petitioner to pay Rs.3,000/- per
month as interim maintenance from the date of filing
application till disposal of the case.

5. Ms. Naikare submitted that the petitioner has just started
practice one year back and it is not possible for him to pay
maintenance of Rs.8,000/- per month (i.e. Rs.3,000/- under
D.V. Act and Rs.5,000/- under the Act). She states that the
petitioner has complied the order dated 30.10.2018 passed by
the learned trial J.M.F.C. in D.V. proceedings and assures that
within two weeks from today she will deposit the arrears of
interim maintenance in this Court as per the impugned order
dated 17.11.2018.

6. In view of this, issue notice to the respondent, returnable
on 14.2.2019, to be listed in the Supplementary Board.

7. Subject to the petitioner depositing arrears of
maintenance as per the impugned order dated 17.11.2018 in
this Court within two weeks from today, there shall be ad-
interim order in terms of prayer clause (c). It is expressly made
clear that in case the petitioner does not deposit the amount in
the aforesaid terms, ad-interim order shall stand vacated
without further reference to the Court.

(R. G. KETKAR, J.)


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