Shri. Chandan Madhukar Pawar v. Sau. Smitha Chandan Pawar

1 CAW 284-16.doc-P-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.284 OF 2016 IN WRIT PETITION (STAMP) NO.931 OF 2014 Shri Chandan Madhukar Pawar.

] ... Petitioner

Versus

Sau. Smita Chandan Pawar.

] ... Respondent Mr. Satish S. Raut for Petitioner.

CORAM :- M. S. SONAK, J.

DATE :- JANUARY 28, 2016 P. C. :- 1.

Not on board. Upon production, taken on board. 2.

In the order dated 08/01/2016 in para 1, the amount of Rs.16,500/- be corrected to Rs.7,500/-. Necessary correction be carried out in the original order as well as in the order uploaded on website.

3.

On 08/01/2016, Mr. Satish S. Raut, learned Counsel for petitioner, had made a statement that he does not press the challenge to the impugned order to the extent it awards maintenance to the URS

2 CAW 284-16.doc-P-15 minor son Sarvesh. Mr. Raut, however, now states that this statement was made on the basis of miscommunication between himself and the petitioner and therefore, Mr. Raut will like to withdraw the said statement.

4.

In the peculiar facts and circumstances of the present case, Mr. Raut is permitted to withdraw this statement and the order dismissing the petition insofar as award of maintenance to Sarvesh is concerned, is recalled.

5.

On basis of the statement of Mr. Raut, execution of the impugned order had been deferred. It is now clarified that there is no stay insofar as execution of the impugned order is concerned. Further, the petitioner is directed to deposit in this Court a sum of Rs.50,000/- on or before 04/02/2016, for payment of maintenance to Sarvesh. Mr. Raut to this time clearly communicate the petitioner the direction to deposit Rs.50,000/- or or before 04/02/2016. 6.

Civil Application is disposed of in the aforesaid terms. (M. S. SONAK, J.) URS