1 33wp530.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL WRIT PETITION NO. 530 OF 2024 Sou Shobha Gite Vs Ganpat Bhimrao Gite Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. K.P. Wathore, counsel for petitioner. Ms Manju M. Ghatode, counsel for respondent. CORAM :M.M. NERLIKAR, J. DATED : 07/10/2025. 1. Heard learned counsel for the petitioner as well as learned counsel for the respondent. 2. The learned counsel for the petitioner invited my attention to clause (6) of the order dated 31/1/2023, and submitted that clause (6) creating hurdle as respondent is not paying maintenance due to said clause, and accordingly prayed to modify or set aside the said clause, which reads as under:- “Clause (6) :- xSjvtZnkj irhyk R;kP;k dk;kZy;kus lsokfuo`Rrhuarjps osru¼isa’ku½ vnk dj.;kl lq#okr dsY;kcjkscj] ojhy vkns’k vaeykr ;sbZy-” 3. On the other hand, learned counsel for the respondent submits that the petitioner herself has made an application to the department requesting not to release the pension and pensionary benefits. 4. On considering the rival submissions of both parties, this Court finds that, in the interest of both the parties that rkn 2 33wp530.2024.odt pension should be released in favour of the respondent / husband. As soon as the pension is released, the amount of maintenance is required to be paid by the husband to the petitioner. This limited grievance can be considered as it is in the interest of both the parties that the respondent shall get the pension from the department as well as the petitioner would also get the maintenance amount as was directed by order dated 31/01/2023. In this view of the matter, the following order is passed :- Clause-6 is hereby deleted and modified as under :- (a) The Police Department shall process the Pension Papers of the respondent immediately if already not done. (b) The concerned authority shall immediately pass the order in favour of the respondent, so far as the pension is concerned, if there is no other legal impediment. (c) As soon as the pension is granted and released in favour of the respondent, the respondent immediately shall pay the maintenance amount, as was directed by order dated 31/01/2023 along with the arrears. 5. The writ petition is disposed of in the above terms. (M.M. NERLIKAR, J) rkn