SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Smt. Abolee W/O Harshad Pitale vs Harshad S/O Pramod Pitale on 4 March, 2020

1 wp1185.20.odt

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

Writ Petition 1185 of 2020

Abolee Pitale Vs. Harsha Pitale

———————————————————————————————-
Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
———————————————————————————————-

Mrs. K.P. Dharashivkar, Advocate for the petitioner

CORAM : MANISH PITALE, J.

DATED : MARCH 02, 2020

By this writ petition, the petitioner has
challenged order dated 18/12/2019, passed by the
Court of Principal Judge, Family Court, Nagpur,
whereby an application filed under Section 24 of the
Hindu Marriage Act, 1955, seeking maintenance
pendent lite has been rejected.

2. The petitioner has filed an application under
Section 9 of the aforesaid Act for the restitution of
conjugal rights before the Court below on 15/05/2018.
The respondent filed his detailed reply to the said
application on 13/06/2019, stating, inter-alia, that he
was ready to cohabit with the petitioner and why a
decree of restitution of conjugal rights may be passed
in the matter.

::: Uploaded on – 05/03/2020 06/03/2020 06:16:06 :::

2 wp1185.20.odt

2. Before the aforesaid reply was filed to the
main application for restitution of conjugal rights on
behalf of the respondent, an application under Section
24 of the aforesaid Act was filed by the petitioner for
grant of maintenance pendent lite. The Court below
by the impugned order has rejected the said
application. While doing so, the Court below has
observed that if interim maintenance is granted there
may be possibility that matter may not be settled
between the parties.

3. To the extent of the aforesaid observation
made by the Court below, it appears that the
application filed by the petitioner has been rejected
with an observation that may not be necessarily
germane to the issue raised on behalf of the petitioner.

4. But, while exercising writ jurisdiction, this
Court has taken note of the contents of the application
for restitution of conjugal rights and detailed reply
filed by the respondent in the present case. It appears
that looking to the contents of the application and the
reply, the Court below can decide the main application
i.e. the application for restitution of conjugal rights
itself expeditiously, particularly in the light of specific
statements made on behalf of the respondent in his
reply. The Court below is justified in observing that
both the parties appear to be desirous to stay together,
which is the main purpose of the application filed by

::: Uploaded on – 05/03/2020 06/03/2020 06:16:06 :::
3 wp1185.20.odt

the petitioner under Section 9 of the aforesaid Act.

5. In view of above, this Court refuses to
interfere with the impugned order and instead the
Court below is directed to take up the application for
restitution of conjugal rights filed by the petitioner
under Section 9 of the aforesaid Act, itself for
consideration and disposal immediately. Accordingly,
the Court below shall decide the aforesaid application
for restitution of conjugal rights filed by the petitioner
within six weeks from today. The parties shall co-
operate with the Court below for disposal of the said
application within the said period of time.

6. The writ petition is disposed of with above
observations.

JUDGE
MP Deshpande

::: Uploaded on – 05/03/2020 06/03/2020 06:16:06 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation