Anil Joshi vs Anita Joshi And Ors

Appellant has filed the appeal challenging the order dated 28.05.2018 passed by the learned Single Judge.

Mr. Yogesh Chandra Joshi for the appellant has submitted that the learned Single Judge has erred in ordering deduction of 50% salary of the appellant

for treatment of the minor child Dhruv Joshi. In-fact, the amount allowed by the learned Single Judge was not used for the benefit of the minor child.

He has further submitted that while exercising the writ jurisdiction, the court had no power to order for deduction out of the salary of the appellant.

Learned counsel has further submitted that fraud has been played with the court. Respondent No.1 was also getting maintenance under Section 125

Code of Criminal Procedure, 1973. Department had already passed administrative order for deduction of salary to the extent of 50% for the child.

Respondent No.1 is present in person and has opposed the appeal.

Dhruv Joshi had filed the petition through his mother alleging that he was suffering from Frazil-X syndrome and required continuous treatment. It was

further the case of the minor child that his mother did not have any source of income to provide the treatment to him.

Learned Single Judge vide the impugned order, after taking in consideration the factual background of the case, ordered that 50% of the salary of the

appellant be deducted and deposited in the account of the minor child, which would be released to his mother-respondent No.1 for treatment of the

minor child.

During the course of arguments, it has been transpired that the minor child has died on 19.02.2019.

In these circumstances at this stage, present appeal is rendered infructuous on account of death of the minor child.

Appeal stands disposed of accordingly.