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Bombay High CourtCA/14381/2022rejected at admission stage

Prashant Ashokrao Wadgawe v. Deepali Prashant Wadgawe (Deepali D/O Ramesh Jawale)

2023-09-29Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Shailesh P. Brahme2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO. 14381 OF 2022 IN FCA/75/2022 WITH CA/10040/2023 IN FCA/75/2022 WITH FCA/75/2022 PRASHANT ASHOKRAO WADGAWE

VERSUS

DEEPALI PRASHANT WADGAWE (DEEPALI D/O RAMESH JAWALE) ...

Advocate for Applicant : Mr. P.V. Barde Advocate for Respondent : Mr. Anand A. Khonde ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 29 SEPTEMBER 2023 PER COURT :

Heard the learned Advocate for the applicant/appellant - husband and also learned Advocate for the respondent - Wife. 2.

The appellant/applicant is bold enough to seek stay to the operation of the order particularly in respect of payment of maintenance. It is a fact that he is not man of words. By the order dated 28 July 2023, he was supposed to deposit the amount of Rs. 30,000/- so as to grant him some breathing time, before 25 August 2023. He had mentioned the matter before us on 07 September 2023 and deposited the money. He seems to be still in arrears of Rs. 46,000/-, for which the respondent - wife seems to have proceeded in execution and has sought attachment of his salary. Since the matter is also seized with the executing Court, taking into consideration the conduct of the appellant in killing the time under the garb of making the

deposit but not obeying his own words. We refuse to grant any discretionary relief to him.

3.

The application is rejected.

4.

Whatever amount is deposited in this Court be paid to, the wife without any security.

[ SHAILESH P. BRAHME, J. ] [ MANGESH S. PATIL, J. ] spc/