Kishore Dharmabalan Mundakel v. Geeta Maruti Dhotre

39-wp-10491-2023.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10491 OF 2023 Kishore Dharmabalan Mundakel ... Petitioner V/s.

Geeta Maruti Dhotre ... Respondent Mr.Vinod Thekkara, for the Petitioner.

Ms. Geeta M. Dhotre, Respondent-in-person.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 8, 2023 P.C.:

1.

By the impugned order, the Family Court has directed the petitioner to pay Rs.4,21,484 towards expenses in furtherance of order of this Court dated 8 August 2019.

2.

According to the petitioner, the bills submitted by the respondent-wife needs to be scrutinized and it is only after scrutiny of such bills, the claim of respondent-wife can be allowed. 3.

On perusal of the impugned order, prima facie, it appears that there is no adjudication by the Family Court on the point of expenses.

4.

However, since the petitioner is directed to pay amount towards educational and medical expenses of previous period, the petitioner needs to deposit Rs.2 lakh before such adjudication is

39-wp-10491-2023.doc made.

5.

The petitioner has, therefore, directed to deposit Rs.2 lakh before the Family Court. The amount of Rs.2 lakh shall be deposited within six weeks from today. The amount shall not be allowed to be permitted unless the Courts compliance and adjudication on the claim made by the wife.

6.

Learned Family Court shall consider the claim of the wife and adjudication on the issue of the expenses after amount of Rs.2 lakh is deposited by the petitioner.

7.

The Family Court shall adjudicate on the quantum of expenses claimed by wife within twelve weeks from the date of deposit of Rs.2 lakh by the petitioner.

8.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)