Bombay High Court
ANIL NARAYAN SHELKEversusVIDYA ANIL SHELKE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is allowed to be withdrawn with liberty to keep all contentions open before the trial court.
Summary
The petitioner, Anil Narayan Shelke, filed a writ petition seeking maintenance against the respondents, Vidya Anil Shelke and others. The petitioner’s counsel requested permission to withdraw the petition while preserving all of the petitioner’s contentions before the trial court, and also asked that any excess maintenance paid be adjusted. The court considered the submission and allowed the petition to be withdrawn with liberty to keep the contentions open before the trial court. It directed the trial court to decide the main maintenance application as early as possible, preferably within one year of this order. All other pending applications in the matter were disposed of.
Issues considered
- Whether a writ petition for maintenance may be withdrawn with liberty to keep the petitioner’s contentions open before the trial court
- Procedural propriety of adjusting excess maintenance amount upon withdrawal
Subjects
- maintenance
- writ petition
- withdrawal
- family law
- civil procedure
Judgment
3-WP-3028-2025 (C).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3028 OF 2025
Anil Narayan Shelke ...Petitioner
VERSUS
Vidya Anil Shelke And Ors ...Respondents
____________________________________________________________
Mr.Aniket Nangare i/b Mr.Tejas Balsara, for the Petitioner.
NILAM
Digitally signed
by NILAM
SANTOSH
Mr.Amol B. Jagtap, for the Respondent.
SANTOSH
KAMBLE
KAMBLE
Date: 2026.08.25
12:12:40 +0530
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th AUGUST 2026
P.C. :
. Heard learned counsel for the Petitioner and learned counsel for
the Respondents.
2. The learned counsel for the Petitioner, on instructions, seeks
leave to withdraw this Petition, with liberty to keep all contentions of the
Petitioner’s open before the Trial Court while hearing the Petition.
3. The learned counsel for the Petitioner further submitted that the
Petitioners maintenance amount may adjust, if excess amount is paid.
4. Considering the submission of the learned counsel for the
Petitioner, the Petition is allowed to be withdrawn with the aforesaid liberty.
5. The learned Trial Court shall decide the main maintenance
Application as early as possible preferably within one year, after receipt of
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3-WP-3028-2025 (C).doc
N.S.Kamble
this order.
6. All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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