SUPRIYA SUNIL ZAMBRE vs SUNIL UTTAM ZAMBRE

Judgment text excerpt

914-wp-2981-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2981 OF 2024 Supriya Sunil Zambare …Petitioner Versus Sunil Uttam Zambare …Respondent _______________________________________________________________ Ms. Rati S. Sinhasane, for the Petitioner. Mr. Sarthak Diwan i/b Panchshil V. Patil, for the Respondent. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 25 MARCH 2025 JUDGMENT: 1. Heard Ms. Rati Sinhasane, learned Counsel appearing for the Petitioner and Mr. Sarthak Diwan, learned Counsel appearing for the Respondent. 2. By the present Writ Petition filed under Article 227 of the Constitution of India, the challenge is to the legality and validity of the Order dated 11th January 2024 passed by the learned 6 th Joint Civil Judge Senior Division, Sangli below Exhibit-79 in Hindu Marriage Petition No.166 of 2019. The said Application bearing Exhibit-79 has been filed by the present Petitioner seeking to strike out the defence of the Respondent under the provisions of Order XXXIX Rule 11 (Bombay Amendment) of the Code of Civil Procedure, 1908 (“CPC”). Vaibhav Page No. 1 914-wp-2981-2024.doc 3. The learned trial Court has rejected the said Application on the ground that the Petitioner is not entitled for Rs.1,000/- per month in addition to the maintenance of Rs.1,500/- per month. 4. Perusal of the record shows that the learned 3rd Joint Civil Judge Senior Division, Sangli by Order dated 12 th March 2020 passed below Exhibit-21 in Hindu Marriage Petition No.166 of 2019 has directed that the Petitioner in said Hindu Marriage Petition i.e. Respondent in Writ Petition - husband shall pay Rs.1,500/- per month to the Petitioner in Writ Petition - wife as maintenance pendente l