Dinesh Kumar Chandel v. Aditi Dinesh Chandel

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 16765 OF 2023 IN FAMILY COURT APPEAL NO. 86 OF 2023 Dinesh Kumar Chandel .. Applicant

Versus

Aditi Dinesh Chandel .. Respondent Mr. Prashant Pandey a/w Dinesh Jadhwani, Mr. Irfan Unawalla, Mr. Sohail Khan, Mr. Ashish Jain, Dipsy Sequeria i/b Arya Sapre Advocates for the Applicant. Ms. Shirin Merchant a/w Ms. Surbhi S. Agrawal , Advocates for Respondent.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : NOVEMBER 02, 2023 P. C.

1.

The above Interim Application is filed seeking to expedite the hearing of the above Family Court Appeal. 2.

The learned Counsel appearing on behalf of the Respondent/Wife submitted that the Applicant/ husband is in the

arrears of maintenance of approximately Rs. 22 lakhs. She submitted that if this Court is inclined to expedite the hearing of the Family Court Appeal, it should not be considered to mean that the Respondent/Wife, has given up her rights to agitate her pending Interim Applications including IA No. 15156 of 2023 for payment of the arrears of maintenance.

3.

Having heard the parties and considering that the health of the Applicant / Husband is not good, we allow the above Interim Application and the hearing of the above FCA is expedited. This is subject to hearing of Interim Application No. 15156 of 2023. In other words, if we find that there are arrears of maintenance, the above Appeal would not be taken up for hearing until the arrears of maintenance are cleared.

4.

Mr. Pandey, submitted that to get further clarity in the matter it would be better if we are interviewed the child. The learned counsel appearing on behalf of the Respondent-Wife fairly stated that she has no objection if the child is interviewed by us, who will turn 17 on 04/01/2024. Further, the Respondent-Wife, has stated that she will bring the child for us to interview on 07/11/2023. We,

will therefore interview the child in our Chamber on 07/11/2023 at 4.30 p.m.

5.

The Interim Application is accordingly disposed of. 6.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]