Shri. Ashok Bhivaji Jadhav v. Sau. Sushila Ashok Jadhav

1 6-cam-10-15 cam-336-13 in fca-234-13.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 10 OF 2015 IN FAMILY COURT APPEAL NO. 234 OF 2013 Sushila A. Jadhav ..Applicant In the matter between Ashok B. Jadhav .. Appellant Vs Sushila A. Jadhav ..Respondents WITH CIVIL APPLICATION NO. 336 OF 2013 IN FAMILY COURT APPEAL NO. 235 OF 2013 Ashok B. Jadhav .. Applicant/Org.Appellant Vs Sushila A. Jadhav ..Respondents Mr. Kanchanpurkar G. Tatoba for the Applicant in CAM10/15 and for Respondent in FCA-234-2013 and CAM336/13.

Mr. Mohan N. Dhamal for Respondent in CAM 10/15 and for Appellant in FCA 235 of 2013 and for the Applicant in CAM 336/13. CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 4, 2017.

P.C. :

IN CIVIL APPLICATION NO. 10 OF 2015 .

Parties through their counsel. The applicant-wife as also the respondent-husband are present in the court. 1/3

2 6-cam-10-15 cam-336-13 in fca-234-13.sxw 2] On the basis of broad consensus arrived at, during the course of hearing of this application, as agreed by the parties who are present in the court and their respective counsel, we dispose of this civil application by directing respondent-husband to pay monthly maintenance at the rate of Rs.7000/- per month to the applicant-wife with effect from 1st August 2017, subject to the applicant - wife vacating the service quarter allotted to the respondent-husband before the said date.

3] The vacant and peaceful possession to be given by the applicant-wife to the Assistant Estate Custodian, Nehru Nagar, India Security Press, Nashik Road, Nashik by 1st August 2017. The undertaking to that effect be submitted by the applicant-wife before the Registrar of this court within a week.

4] Learned counsel appearing for the applicant-wife, on instructions from the applicant-wife, submits that apart from this maintenance amount the applicant-wife will not claim any other maintenance amount from any other court including in the application which has already been filed before the Family Court, Nashik Road, 2/3

3 6-cam-10-15 cam-336-13 in fca-234-13.sxw Nashik vide E-Petition No.18 of 2015.

5] We also direct the respondent-husband to make the payment as agreed by him, to be paid to the applicant-wife at the rate of Rs.4000/- per month from March 2017 till July 2017 within one month.

6] With the aforesaid directions, Civil Application No. 10 of 2015 is disposed of.

7] The appeal be listed for final hearing in due course. IN CIVIL APPLICATION NO. 336 OF 2013 8] As regards the stay to the impugned judgment and decree for restitution of conjugal rights, the interim order passed earlier shall continue till final disposal of the appeal.

9] Civil Application No. 336 of 2013 also stand disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) 3/3