1999(2) ALL MR 12


Joginderlal Brijlal Vij Vs. Ritarani Joginderlal Vij

Writ Petition No. 4023 of 1998,Writ Petition No. 4024 of 1998

11th January, 1999

Petitioner Counsel: Smt. MANJULA RAO
Respondent Counsel: Smt. AMARJIT KAUR

Criminal P.C. (1973), S.145 - Interim maintenance order - Modification sought by petitioner when he lost his job - Subsequently petitioner getting the job and in a position to maintain the respondent as per order of interim maintenance - Held no interference with order of trial court was required. (Para 3)


JUDGMENT :- Both these writ petitions arise out of the Family Court Orders for Greater Bombay at Bandra in petition No. A-1171/94. Writ petition No. 4023/98 arises out of the order passed by the Family Court on 12-1-1998 rejecting the application of the petitioner for modifying the interim maintenance ordered by the Family Court on 18-3-1995. Writ Petition No. 4024/98 arises out of the order passed by the Family Court on 12-1-1998 striking out the defence of the petitioner.

2. Heard Counsel for the petitioner Smt. Manjula Rao and the counsel for the respondent Smt. Amarjit Kaur.

3. As indicated above, both the orders impugned have been passed at the interim stage. It is submitted by the petitioner's counsel that the modification of the interim maintenance was sought by the petitioner at the time when he lost the job. The counsel submits that at present he has got the job and he is able to maintain the respondent as per the order of interim maintenance. In view of these circumstances, it is not necessary for this court to interfere with the orders passed by the trial court. The Family Court may decide the petition No. A.1171/94 as expeditiously as possible, at any rate before 31st March 1999. The counsel for the respondent at this juncture submits that certain amount has to be paid being the arrears of maintenance. The petitioner is directed to clear all the arrears upto date within one month from today.

4. In view of this no interference is called for and the writ petitions are therefore dismissed. However, I make it clear that the petitioner can proceed with the case with his defence.

Certified copy is expedited.

Petition dismissed.