1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4622 OF 2009 Dr. Sanjay s/o Kashinath Suryawanshi aged 43 years, occ. service as lecturer at Vasantrao naik College Jalna Road, Aurangabad r/o c/o Kashinath Suryawanshi “Prafulla”, Lakshmikunj Niwas Jaisingpura, University Gate, Aurangabad. .. PETITIONER VERSUS 1 Sow Rajshree w/o Sanjay Suraywanshi aged 29 years, occ. household & tuition class r/o c/o Ramlal s/o Masuji Gate Gottam Nagar, Jadhav Wada Ghati, Aurangabad. 2 Kashinath s/o Vaijinath Suryawanshi aged 73 years, occ. Retired Lecturer r/o “Prafulla”, Lakshmikunj Niwas Jaisingpura, University Gate, Aurangabad. 3 Sarubai w/o kashinath Suryawanshi aged 65 years, occ. household r/o “Prafulla”, Lakshmikunj Niwas Jaisingpura, University Gate, Aurangabad. 4 Manish s/o Kashinath Suryawanshi aged 35 years, occ. service 2 r/o “Prafulla”, Lakshmikunj Nivas Jaisingpura, University Gate Aurangabad. 5 Varsha w/o Manish Suryawanshi aged 25 years, occ. household r/o “Prafulla”, Lakshmikunj Nivas Jaisingpura, University Gate Aurangabad. 6 Shobha w/o Subhash Borikar aged 32 years, occ service r/o Sanjivani Apartments Begumpura, Aurangabad. .. RESPONDENTS Mr. S.S. Choudhari, Advocate for the petitioner. Mr. M.D. Joshi, Advocate for respondent no. 1. Mr. U.K. Patil, Advocate for respondent nos. 2 to 6. ===== CORAM : R. M. BORDE, J. DATE : 20 th November, 2009 ORAL JUDGMENT : 1 Heard. 2 Rule. With the consent of the parties, matter is taken up for final disposal at admission stage. 3 3 Order passed by the learned Principal Judge, Family Court, Aurangabad on 21-3-2009 below exh. 22 is subjected to challenge at the instance of petitioner / husband in this petition. Petitioner is directed to provide his wife and two minor daughters a suitable separate residential accommodation with reasonable amenities till 30-4-2009 and in the alternative, it is held by learned Judge of the family court that the respondent / wife shall have liberty to find out suitable residential accommodation and the husband is supposed to bear the monthly charges towards rent. After passing of the impugned order, an application came to be tendered at exh. 64 by the respondent / wife requesting the family court to direct the petitioner to pay monthly rent and electricity charges amounting to Rs.1,100/- per month. Accordingly, application tendered by respondent vide exh. 64 came to be allowed on 18-7-2009 and the husband / petitioner herein is directed to pay amount of Rs.1,100/- per month. 4 It is stated that the matrimonial dispute is pending before the family court. The petitioner has presented application seeking divorce against the wife. It is also stated that the petitioner is required to pay monthly maintenance amounting to Rs. 4,500/- per month. Accordingly, it is also 4 stated by Mr. Choudhari, learned counsel for the petitioner that arrears of maintenance amounting to Rs.18,000/- has been deposited in the court in the last month. 5 Considering all these aspects, it would be desirable to direct the family court to proceed with the pending petition and decide the same expeditiously. It is also pointed out that recording of evidence before the family court has commenced. At the same time, the need of having suitable residential accommodation for wife is also required to be considered while directing the family court to expeditiously decide the matter. Both the parties before me agree that direction in respect of deposit of lump sum amount towards monthly rent payable by wife would serve the purpose. Accordingly, it is directed to the petitioner to deposit an amount of Rs.5,000/- in the family court within two weeks from today. On making deposit of the amount of Rs.5,000/-, respondent – wife shall have liberty to withdraw the same. Amount of Rs.5,000/- shall be taken as monthly rent for a period of six months commencing from today. At the same time, the learned Judge of the family court is directed to decide the pending petition within a period of six months from today. In view of this arrangement agreed upon the impugned order passed by the Principal Judge, Family Court, 5 Aurangabad on 21-3-2009 below exh. 22 in petition no. A-157/2008 as well as order passed below exh. 64 stand quashed and set aside. Rule is accordingly made absolute. ( R. M. BORDE, J.) dyb/office/wp4622.09.odt