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Bombay High CourtCA/2790/2021disposed off

Archana Sachin Deshmukh v. Sachin Vijayrao Deshmukh

2021-10-29Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

*1* 915ca2790o21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2790 OF 2021 IN FAMILY COURT APPEAL NO.36 OF 2020 ARCHANA SACHIN DESHMUKH

VERSUS

SACHIN VIJAYRAO DESHMUKH ...

Advocate for the Applicant : Shri Yogesh D. Kale None for the Respondent.

...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, JJ.

DATE :- 29th October, 2021 Per Court :- 1.

Shri B.G.Lathi, learned advocate, has caused an appearance on behalf of the respondent/ husband after obtaining the consent from earlier advocate Shri A.S.Dhongade. This matter is shown in the cause list at Serial No.915 and the name of Shri B.G.Lathi is displayed. Yet, none is present for the respondent/ husband.

2.

Vide the order dated 15.12.2020 passed by this Court, the decree of restitution of conjugal rights binding the husband, was stayed subject to the deposit of the entire amount

*2* 915ca2790o21 pursuant to the impugned degree. Based on the said condition, the execution of the decree in respect of the maintenance amount was also stayed.

3.

We have perused the Civil Application filed by the applicant/ wife. She is a house maker having no source of income. The amount deposited before the Court is said to be towards the arrears of maintenance from December, 2013 till the passing of the order by this Court.

4.

In view of the above, this Civil Application is allowed.

5.

The applicant/ wife is at liberty to withdraw the amount of Rs.1,20,000/- (Rupees One Lac Twenty Thousand) with accrued interest, if any, subject to proper identification by the learned advocate.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)