1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 8219 OF 2010 Ramesh s/o Nagorao Kalyan .. PETITIONER VERSUS Sow Mahananda w/o Ramesh Kalyan & others .. RESPONDENTS Mr. A.G. Godhamgaonkar, advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 8 th SEPTEMBER, 2010. PER COURT : 1 An interlocutory order passed by the Civil Judge, Sr.Dn., Biloli on 26-8-2010 below exh. 38 in Special Civil Suit no. 17/2009 is subjected to challenge in this petition. 2 Petitioner / original defendant tendered application seeking direction against the plaintiff in respect of deposit of court fees. It is the contention of the petitioner that the dispute raised by the respondent / original plaintiff cannot be termed as matrimonial dispute and as such, she is not entitled for exemption. Plaintiff claims to be the legally wedded wife of the defendant 2 and is seeking relief in respect of grant of maintenance and recovery of past maintenance. Defendant is denying the contention raised by the plaintiff in respect of her marriage with him. Thus, defendant contends that as the marital status of the plaintiff is disputed by the defendant, the dispute brought before the court cannot be branded as matrimonial dispute. Trial court considering the contentions raised by the parties has proceeded to reject the application. 3 I have perused the application as well as impugned order passed by the trial court. The reasons recorded by the trial court are logical and proper. In exercise of writ jurisdiction under Article 227 of the Constitution of India, no interference is called for in the instant petition. Petition is devoid of substance hence rejected. 4 Pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE, J.) dyb/office/8219.10.odt