Vaishnavi Dnyaneshwar Pedde v. Dnyaneshwar Jagannath Pedde

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.13650 OF 2021 IN WP/13997/2019 VAISHNAVI DNYANESHWAR PEDDE

VERSUS

DNYANESHWAR JAGANNATH PEDDE ...

Mr A. R. Rathod, Advocate for applicant;

Mr N. J. Patil, Advocate for respondent CORAM : SMT. BHARATI DANGRE, J.

DATE : 5th January, 2022 PER COURT:

1.

Heard the learned counsel for the petitioner and the learned Counsel for the respondent.

2.

The writ petition is instituted by the husband who is aggrieved by the order dated 30/07/2019, passed by the Trial Court, wherein he has been directed to pay interim maintenance @ Rs.15,000/- p.m. from April 2019.

3.

On 20/11/2019, this Court recorded the statement made on behalf of the petitioner/husband to the effect that he would deposit an amount of Rs.90,000/- towards the arrears before the Trial Court and would continue to pay an amount of Rs.10,000/- p.m.

(2) to the respondent wife from December 2019. This Court accepted the solemn statement and directed that subject to the deposit of the amount as aforesaid in form of arrears and regular payment of Rs.11,000/- p.m. from December 2019 to be deposited monthly on or before 10th day of each month, notice was issued and cognizance of grievance of the husband was taken. 4.

The learned Counsel for the respondent/wife makes a categorical statement that the arrears have been deposited but there is a default on part of the husband in paying the amount of maintenance from the month of April 2020 and not a single penny has been paid towards the maintenance.

5.

The learned Counsel for the petitioner/husband, on instructions of his client, however makes a positive statement to the effect that whatever arrears are accruing till 31/12/2021, shall be deposited by him within a period of four weeks before the Trial Court.

6.

On amount being deposited within four weeks as undertaken, the respondent/wife is entitled to withdraw the said amount.

(3) 7.

In the wake of the aforesaid, the civil application No.13650/2021 is disposed of.

8.

It is further made clear that apart from depositing the arrears upto 31/12/2021, the petitioner/husband shall continue to deposit an amount of Rs.11,000/- p.m. as directed by this Court in it's earlier order dated 20/11/2019.

9.

List the writ petition for further hearing on 08/02/2022. (SMT. BHARATI DANGRE, J.) sjk