IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO. 5292 OF 2008 WRIT PETITION NO. 5292 OF 2008 WRIT PETITION NO. 5292 OF 2008 Jijabai Dhondiram Nimse. ... Petitioner. V/s. Dhondiram Lukha Nimse. ... Respondent. Ms.Sharvari Shailendra for the petitioner. Sanjay Sinde i/b. M.M.Sathaye for the respondent. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 2nd September 2008. DATED: 2nd September 2008. DATED: 2nd September 2008. P.C.: P.C.: P.C.: ---- ---- ---- . This petition is directed against the order dated 24th April, 2008 passed by the Civil Judge, Senior Division, Nashik below Exh.8 in Special Civil Suit No.53/2008 whereby interim maintenance came to be refused. 2. The learned counsel appearing for the petitioner submits that petitioner is getting Rs.500/- per month from the respondent by way of maintenance as awarded by the Judicial Magistrate, First Class, Igatpuri, Nashik in the proceeding filed under section 125 of Criminal Procedure Code. That the petitioner is 38 years old staying with her parents in village Kanwai, taluka- Igatpuri, district- Nashik. 3. The learned counsel appearing for the respondent submits that the respondent has denied relationship with the present petitioner. He has also disowned her alleging that respondent never married with the petitioner. 4. Considering the disputed questions of fact and circumstances, it is not possible for this Court to decide this petition at this stage. However, the Civil Judge, Senior Division, Nashik is directed to hear and dispose of Special Civil Suit No.53/2008 as expeditiously as possible, at any rate, within one year from the date of receipt of copy of this order. All rival contentions are kept open. 5. Learned counsel for the respondent assures this Court that respondent shall continue to pay regularly the amount of maintenance to the petitioner as awarded in the proceeding filed under section 125 of Criminal Procedure Code without prejudice to his rights and contentions. 6. Petition is disposed of in terms of this order with no order as to costs. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)