Sou. Anita Jinchandra Kasturkar v. Shri. Jinchandra Bhalchandra Kasturkar

54 . WP-630-2019spktomin.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 630 OF 2019 by BHARAT DASHARATH PANDIT Date: 2021.10.26 10:16:20 +0530 Sou Anita Jinchandra Kasturkar ....Petitioner V/s Shri Jinchandra Bhalchandra Kasturkar .....Respondent --- Mr. Sandeep S. Koregave for the Petitioner.

Mr. Harshad A. Sathe for the Respondent.

---- CORAM: NITIN W. SAMBRE, J.

DATE: OCTOBER 05, 2021 P.C.:- 1] Considering the fact that D.V. Act proceedings are decided against the Petitioner wherein she was receiving maintenance of Rs 10,000/- and statement made by Counsel for the Petitioner-wife that order of Sessions Court passed in D.V. Act proceedings on 29/4/2021 will be questioned before this Court, by way of interim arrangement it is ordered that Respondent-husband shall continue to deposit an amount of Rs 10,000/- per month on or before 5th day of every month of English Calendar in Family Court in pending proceedings being Petition A No. 719/2017.

2] The aforesaid order is passed keeping in mind source of income 1/2

54 . WP-630-2019spktomin.doc of the husband. As the order impugned passed below Exh. 5 is based on fact of payment of maintenance to the wife in D.V. Act proceedings which order is also set aside by the Sessions Court on 29/4/2021, it will be appropriate in my opinion to direct the Family Court to decide the said Application-Exhibit-5 afresh. Liberty to Petitioner to file additional affidavit in support of said Exhibit-5. Needless to clarify that Counsel for Respondent-husband will be given liberty to rebut the same.

3] Petition as such stands partly allowed in the above terms. ( NITIN W. SAMBRE, J. ) Corrected as per speaking to the minutes order dated 22/10/2021. 2/2