1 wp2456.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2456 OF 2011 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. S.V. Natu, Advocate for the petitioners. CORAM : B.P. DHARMADHIKARI, J. DATE : 13TH APRIL, 2011 Trial Court has during pendency of suit for partition ordered interim maintenance to respondent. Contention of petitioners are, during life time of her husband Tukaram, the respondent never claimed enhancement of maintenance. Enhancement has been claimed more than one and half years after institution of proceedings and trial Court has ignored the document by which her husband (Tukaram) had relinquished his share in joint family property. 2. During hearing it has become clear that alleged document of relinquishment was executed in 1994 while respondent wife was already staying away from Tukaram. 2 wp2456.11 3. In this situation, grant of interim maintenance to widow in a suit for partition and separate possession can not be said to be without jurisdiction. Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp2456.11