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Bombay High CourtIA/307/2023disposed off

Mrs. Jahnavi Tejas Anchan v. Tejas Padmanabh Anchan

2023-01-19Hon'Ble Shri Justice Amit Borkar2 pages

26-ia307-2023 in wp7455-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.307 OF 2023 IN WRIT PETITION NO.7455 OF 2022 Jahnavi Tejas Anchan Alias Jahnavi Madhav Marathe ... Applicant V/s.

Tejas Padmanabh Anchan ... Respondent Digitally signed by ATUL GANESH KULKARNI Date:

2023.01.20 10:53:47 +0530 ATUL GANESH KULKARNI Mr. Bhavesh V. Magam for the applicant.

Mr. Hira Gummala for the respondent.

CORAM :AMIT BORKAR, J.

DATED :JANUARY 19, 2023 P.C.:

1.

The interim application is filed by the wife seeking withdrawal of interim maintenance amount of Rs.75,000/- deposited by the husband in this Court. The application is opposed by the husband on the ground that the applicant was suffering from incurable disease before marriage. The said fact was not disclosed to the respondent/husband, with the result that the husband got infected with the incurable disease. 2.

Having considered the nature of proceedings and the order, in my opinion, withdrawal of amount of Rs.75,000/- need to be permitted, subject to further orders passed by this Court.

26-ia307-2023 in wp7455-2022.doc 3.

The applicant is permitted to withdraw the amount of Rs.75,000/- deposited by the husband.

4.

It is made clear that the withdrawal of amount of Rs.75,000/- shall be subject to further orders passed by this Court in Writ Petition No.7455 of 2022.

5.

The interim application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)