Mrs. Suvarna Sandeep Suryavanshi Maiden Name Ashlesha Dattatray Kale v. Mr. Sandeep Ishwar Suryavanshi

hcs 1 ca114.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.114 OF 2016 IN FAMILY COURT APPEAL NO.256 OF 2014 Suvarna Sandeep Suryavanshi .. Applicant.

Vs Sandeep Ishwar Suryavanshi .. Respondent.

Mr.Rajendra Sorankar i/b Ms.Shobhana Waghmare for the Applicant. Mr.Vinod Joshi for the Respondent.

CORAM : SMT. V.K. TAHILRAMANI & A. K. MENON, JJ.

DATED : JULY 27, 2017 In Chamber at 2.35 p.m.

P.C. :

1.

This Civil Application is taken out in the above Family Court Appeal for fixing maintenance claimed by the applicant after modifying/canceling the order dated 15th December, 2014 passed by this bench. Alternatively, it is prayed that the respondent is directed to pay maintenance as per the order dated 25th June, 2014 passed by the Additional Chief Metropolitan Magistrate along with arrears and provide sufficient security for payment of the maintenance of the applicant. The application also seeks further order directing the respondent to file an affidavit disclosing his true earnings and in the meanwhile pay maintenance at the rate of Rs.70,000/- per

2 ca114.16 month.

2.

Heard counsel for the parties.

3.

The order dated 15th December, 2014 of which recall/ modification is sought was passed after hearing both the parties on merits of the case. The application does not make out any grounds which will entitle the applicant to the reliefs sought. Having perused the application we are not inclined to modify or cancel the order. All that can be done in the facts of the case is to have the appeal heard. In the circumstances all contentions raised in the present application may be raised at the final hearing of the Family Court Appeal pending before this Court. The parties shall be in readiness for final hearing of the appeal as and when same is listed. Application is disposed of.

(A.K. MENON, J.) (SMT. V.K. TAHILRAMANI, J.)