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Family court misinterpreted SOP: Rules High Court

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(The court observed that the application for interim maintenance are in the nature of urgency and Family Court cannot avoid to decide such application by misinterpreting SOP.)

The Nagpur Bench Of Bombay High Court directed the Family Court No. 2 Nagpur to consider the application for grant of interim maintenance, without waiting for any variation in the SOP.

The petitioner Kanta Ramteke approached the Nagpur Bench Of Bombay High Court with challenging the order passed by the Family Court No. 2, wherein the learned Family Court avoided to decide the application for interim maintenance on the pretext that the Family Court is not allowed to pass the adverse orders.

The Hon’ble Justice Manish Pitale at the Nagpur Bench Of Bombay High Court, while directing the Family Court No. 2 to decide the application on merits, observed that the observation arrived at by the Family Court No. 2 in respect of Para 6 of SOP is a strange interpretation of the SOP and further observed that the application for maintenance have nature of urgency. The several matters are pending before the Family Court and Trial Court, wherein the orders on application for maintenance are not passed by misinterpreting the SOP.

Adv. Ishwar S. Chalewar, Adv. Deepa I. Charlewar, Adv. Shriya A. Dhawale appeared for the petitioner.

[Read Order]

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