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2018 Supreme(Bom) 1366

K.K.SONAWANE
Parag Subhash Parelkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. Vivek Joshi, Mrs. Jaylaxmi Konnar.
For the Respondents: Mr. J.A. Madane, Mr. Dakshesh M. Vyas, Mr. Ramesh Makhija.

JUDGMENT :

K.K. SONAWANE, J.

1. Heard.

2. Rule. Rule made returnable forthwith. The matter is taken up for final hearing at the stage of admission.

3. The present writ petition is directed against the impugned order passed by the Family Court, Thane below application, Exhibit-10 dated 10.08.2017 in Execution Proceeding bearing R.D. No. 20/2015. The petitioner-Parag Parelkar moved the application (below Exhibit-10) seeking dismissal of the execution proceeding being barred by period of limitation.

4. The factual aspect of the matter in nutshell is that, the petitioner - Parag Parelkar and respondent No. 2 - N. Geetanjali Parelkar both were legally wedded husband and wife. Unfortunately, there was a marital discord in between the spouses resulting into Court litigation bearing Marriage Petition No. A-249 of 2010 (old Marriage Petition No. 387 of 2008) for dissolution of marital relations between the spouses. Pending the marriage petition, respondent-wife filed an application for interim maintenance under Section 24 of the Hindu Marriage Act, 1955 (hereinafter referred as “the Act”). The learned Judge, Family Court, Thane, considered the attending circumstances on record and allowed the ap





















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