Mr. Amith Manohar Banger v. Mrs. Sangeeta Amith Banger

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9407 OF 2022 Mr. Amith Manohar Banger ... Petitioner

Versus

Mrs. Sangeeta Amith Banger ... Respondent ____________________________________ Ms. Devika M. Purav a/w. Ms. Gita Kasturi, for Petitioner. Ms. Shilpa Joshi a/w. Ms. Sanyukta Kadar, for Respondent. ____________________________________

CORAM

: RAJESH S. PATIL, J.

DATED : 5 APRIL 2024 P.C.:

This Writ Petition is filed by the Husband challenging impugned Order passed on 17 November 2021, in Interim Application No.72 of 2018 by the Family Court, Mumbai. This Court on 28 March 2024 has passed an Order. Said Order is reproduced below :

This writ petition challenges an impugned order passed on 17 November, 2021 passed on Interim Application No. 72 of 2018 by the Family Court, Mumbai.

2.

Interim Application No. 72 of 2018 is still pending before the Family Court for hearing and final disposal. However, as interim arrangement, the Family

Court directed the husband to pay all educational expenses of daughter and also pay ad-hoc maintenance of sum of Rs.30,000/- per month from the date of filing of the application till the same is decided.

3.

This Court by its order dated 3 March, 2023 directed, the petitioner/husband to clear 50% of the arrears within four weeks.

4.

Mr.Joshi, learned counsel for the respondent submits that after passing of the order of this Court, the petitioner has not paid any amount towards the interim maintenance. She submits that in such a case, the writ petition requires to be dismissed.

5.

Mr.Jagtap, learned counsel appearing for the petitioner submits that his client has paid all the educational expenses of the daughter. He submits that he has no instructions whether the entire outstanding is paid as of today.

6.

As a matter of last chance, one week time is granted to the petitioner to clear entire outstanding. If such amount is not paid within a period of one week, writ petition to stand dismissed without further reference to Court.

7.

Interim relief granted earlier, to continue for a period of one week.

8.

Stand over to 4 April, 2024.

2.

Today Ms. Joshi appearing for Respondent (Wife) submits that as of today the outstanding amount towards maintenance is Rs.31,00,000/-. Ms. Purav appearing for Petitioner (Husband) submits that the outstanding amount according to her instructions is only Rs.18,50,000/-. She submits that the Husband is not in a position to pay the outstanding amount due to financial constrains.

3.

Since the Petitioner has not complied the directions given by this Court on 28 March 2024, Writ Petition stands dismissed. No costs.

(RAJESH S. PATIL, J.) by KISHOR VISHNU KAMBLE Date:

2024.04.12 10:44:54 +0530 KISHOR VISHNU KAMBLE