Bombay High Court

PURUSHOTTAM ARJUNRAO KHAIRNARversusRAJESHRI PURUSHOTAM KHAIRNAR

Decided: 22 June 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The petition was allowed to be withdrawn and the Family Court was directed to proceed with the maintenance matter, with the applicant required to deposit 50% of the arrears within three weeks.

Summary

The petitioner, Purushottam Arjunrao Khairnar, filed a writ petition seeking leave to withdraw the petition. The respondent, Rajeshri Purushotam Khairnar, requested that the Family Court continue with the pending maintenance matter and that the applicant deposit arrears. The Court allowed the petition to be withdrawn and ordered the Family Court to proceed with the maintenance case, directing the applicant to deposit fifty percent of the arrears within three weeks. All other pending applications were also disposed of. The decision reflects the Court’s discretion to permit withdrawal of a petition and to give procedural directions to the lower Family Court.

Issues considered

Whether the petitioner may be permitted to withdraw the writ petition
Whether the Family Court should be directed to continue with the pending maintenance proceedings
Whether the applicant should be ordered to deposit a portion of the maintenance arrears

Subjects

Family Law
Maintenance
Petition Withdrawal
Civil Appellate Jurisdiction
Procedural Directions

Judgment

                                                             78-WP-14683-2023 (C).doc



N.S.Kamble


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO. 14683 OF 2023

Purushottam Arjunrao Khairnar               ...Petitioner
VERSUS
Rajeshri Purushotam Khairnar                ...Respondent
____________________________________________________________
Mr.P.K. Bohade, for the Petitioner.
Ms.Kirti Godbole, for the Respondent. (Through V.C.).
____________________________________________________________
                                 CORAM : SHIVKUMAR DIGE, J.
                                 DATE            : 22nd JUNE 2026

P.C. :

.            Heard learned counsel for the Petitioner and learned counsel for

the Respondent.

2.           The learned counsel for the Petitioner seeks leave to withdraw

this Petition.

3.           Considering the submission of the learned counsel for the

Petition, the matter is allowed to be withdrawn and disposed of.

4.           The learned counsel for the Respondent submit that direction be

given to the Family Court to proceed with the matter, and direction be given

to the Applicant to deposit the maintenance amount as per Family Court’s

order.

5.           Considering the submissions of both learned counsel the Family

                                   Page 1 of 2
                                                           78-WP-14683-2023 (C).doc



N.S.Kamble


Court shall proceed with the pending matter and the Applicant shall deposit

50% of the arrears of the maintenance amount within three weeks before

Family Court.

6.           All pending Applications are disposed of.



                                                 (SHIVKUMAR DIGE, J.)




                                   Page 2 of 2

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