Pramilabai Balasaheb Harischandra v. Balasaheb Sakharam Harishchandra

1 ca5796.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIIL APPLICATION NO.5796 OF 2021 IN FAMILY COURT APPEAL NO.49 OF 2019 WITH FAMILY COURT APPEAL NO.49 OF 2019 Mrs Pramilabai Balasaheb Harischandra ... Applicant

VERSUS

Shri Balsaheb Sakharam Harischandra ... Respondent Mr Mukul S. Kulkarni, Advocate for applicant; Mr P.B. Patil, Advocate for respondent CORAM : RAVINDRA V. GHUGE AND S.G. MEHARE, JJ DATE : 13th July, 2021 P.C.

1.

We have heard the learned Counsel for the respective sides and have gone through the reasons set out in the Application. 2.

There is no dispute that the respondent husband was drawing an approximate salary of Rs.40,000/- per month when the order for payment of maintenance was passed by the learned Family Court. The dues towards respondent no.2 are admittedly Rs.2 Lakhs on the date the amount was deposited in this Court.

2 ca5796.21.odt 3.

The learned Advocate for the respondent husband submits that the amount deposited is towards the maintenance amount as per the directions of the learned Family Court.

4.

Considering the above and since the applicant is without any occupation to sustain herself, this Application is allowed. The applicant shall file an Application for withdrawal along with proper identification by the learned Advocate. A copy of her Adhar Card shall be placed on record while moving such Application.

5.

Since the Family Court Appeal is limited to the enhancement in maintenance granted by the learned Family Court, list the Family Court Appeal no. 49 of 2019 for final hearing at admission stage on 27-07-2021. [S.G. MEHARE, J.] [RAVINDRA V. GHUGE, J.] amj