Bombay High Court
KIRAN PRAKASH MANJREKARversusUMA KIRAN MANJEKAR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court permitted withdrawal of the writ petition, kept the petitioner's contentions open, and ordered interim maintenance of Rs.35,000 per month pending the trial.
Summary
In Writ Petition No. 9037 of 2025, petitioner Kiran Prakash Manjrekar sought to withdraw the petition while keeping all contentions open, citing inability to pay a monthly maintenance of Rs.50,000 due to other liabilities. The respondent, Uma Kiran Manjekar, contested the petitioner's claim that the maintenance could not exceed Rs.50,000. Both parties agreed that evidence in the main petition had commenced and the respondent was under cross‑examination. The Court allowed the petition to be withdrawn, directed that the petitioner's contentions remain open, and ordered interim maintenance of Rs.35,000 per month payable to the respondent pending the trial. The Family Judge was instructed to decide the pending petition on its merits, and all other pending applications were disposed of.
Issues considered
- Whether the writ petition can be withdrawn with liberty to keep the petitioner's contentions open
- Whether interim maintenance of Rs.35,000 per month can be ordered pending the trial
Subjects
- writ petition
- withdrawal
- maintenance
- family law
- interim relief
Judgment
90-WP-9037-2025 (C).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9037 OF 2025
Kiran Prakash Manjrekar ...Petitioner
VERSUS
Uma Kiran Manjekar ...Respondent
____________________________________________________________
Digitally signed
by NILAM
NILAM SANTOSH Ms.Vedika V. Pawaskar a/w Mr.Ajay S. Pai Asnodkar, for the Petitioner.
SANTOSH KAMBLE
KAMBLE Date:
2026.07.24 Mr.P.S. Chavan a/w Ms.Shweta Borhade and Mr.Sushant Vahalkar i/b
11:37:45 +0530
Pradeep Chavan & Associates, for the Respondent.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 22nd JULY 2026
P.C. :
. Heard learned counsel for the Petitioner and learned counsel for
the Respondent.
2. The learned counsel for the Petitioner handed over the cheque of
Rs.1,50,000/- to the learned counsel for the Respondent. The learned
counsel for the Respondent has accepted the said cheque.
3. The learned counsel for the Petitioner, on instructions, seeks
withdrawal of the Petition with liberty to keep all contentions of Petitioner
kept open and submit that Petitioner is unable to pay Rs.50,000/-
maintenance per month, as the Petitioner has other liability.
4. It is contention of learned counsel for the Respondent cannot be
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90-WP-9037-2025 (C).doc
N.S.Kamble
survive less than Rs.50,000/-.
5. Both learned counsel submit that the evidence in main Petition
has been started and Respondent is under cross-examination. Considering
these facts, Petition is allowed to be withdrawn.
6. All contention of Petitioner is kept open.
7. The learned Family Judge shall decide pending Petition on its
own merit.
8. Till decision of the proceeding the Petitioner shall pay
Rs.35,000/- as maintenance to the Respondent from the date of the
Application.
9. Trial Court shall decide the pending Application on its own
merit.
10. All pending Applications are disposed of.
(SHIVKUMAR DIGE, J.)
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