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Bombay High Court

CHANDRAKANT VADIVELCHINNASWAMI CHETTIYARversusRIYA CHANDRAKANT CHETTIYAR AND ANR.

Decided
Disposal
Disposed Off

Holding

The petition is allowed to be withdrawn with liberty to keep all the petitioner’s contentions open before the Family Court.

Summary

The petitioner, Chandrakant Vadivelchinnaswami Chettiyar, filed a criminal writ petition in the Bombay High Court seeking relief against the respondent, Riya Chandrakant Chettiyar, concerning a maintenance order of Rs.10,000 per month imposed by the Family Court. The petitioner claimed he was financially unable to pay the maintenance amount, a circumstance the Family Court had not taken into account. He moved the High Court to withdraw the writ petition while keeping all his contentions open for consideration by the Family Court in the pending proceedings. The learned counsel for the petitioner sought liberty to pursue the matter before the Family Court without the writ petition pending. The Court, after hearing the counsel, allowed the withdrawal of the petition with liberty to keep the contentions open and directed the Family Court to decide the pending matters within a year. Consequently, the writ petition was disposed of accordingly.

Issues considered

  • Whether the petitioner may withdraw the writ petition while preserving his contentions for adjudication by the Family Court

Subjects

  • Family Law
  • Maintenance
  • Withdrawal of Petition
  • High Court
  • Writ Petition
  • Financial Incapacity

Judgment

                                                                           21-WP-2682-2022 (CR).doc


   Shubhada S Kadam

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                        CR. WRIT PETITION NO. 2682 OF 2022

                       Chandrakant Vadivelchinnaswami Chettiyar                   ...Petitioner/s
                       Versus
                       Riya Chandrakant Chettiyar and anr.                        ...Respondent/s

                       ________________________________________________________________

                       Mr. Prashant along with Ms. Jennifer along with Kinjal, Advocate for
                       Petitioner.
                       Mr. S. M. Mangaonkar, APP for Respondent-State.
                       _________________________________________________________________

                                                           CORAM       :   SHIVKUMAR DIGE, J.
                                                           DATE        :   25th AUGUST, 2026.
                       P.C. :

                       1.         Heard learned counsel for the petitioner.

                       2.         Learned counsel for the petitioner, on instructions, seeks leave

                       to withdraw the petition with liberty to keep all the contentions of the

                       petitioner open before the Family Court in the pending proceedings.

                       Learned counsel for the petitioner submits that petitioner is not in a

                       financial position to pay the maintenance amount of Rs.10,000/- per
SHUBHADA
SHANKAR month to the respondent No.1 as directed by the Family Court. However,
KADAM
                       this fact is not considered by the learned Family Judge.
 Digitally signed by
 SHUBHADA
 SHANKAR KADAM
 Date: 2026.08.27      3.         Considering the submissions of learned counsel for the
 18:44:42 +0530

                       petitioner, the petition is allowed to be withdrawn with aforesaid liberty

                       and disposed of accordingly.



                                                        Page 1 of 2
                                                                    21-WP-2682-2022 (CR).doc


Shubhada S Kadam




               4.         All contentions of the petitioner are kept open.

               5.         The Family Court shall decide the pending proceedings as early

               as possible and preferably within one year from the date of receipt of this

               order.

                                                              (SHIVKUMAR DIGE, J.)




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