Nawal S/O Gowardhan Atram v. Pradnya @ Sejal Nawal Atram

1 cao468.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.468/2024 IN FAMILY COURT APPEAL STAMP NO.1031/2024 (Nawal S/o Gowardhan Atram Vs. Pradnya @ Sejal Nawal Atram) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. K.E. Meshram, Counsel h/f Mr. I. S. Charlewar, Counsel for the applicant.

Mr. S.M. Vaishnav, Counsel for the non-applicant.

CORAM:

VINAY JOSHI AND MRS.VRUSHALI V. JOSHI, JJ .

DATED :

10.4.2024.

Heard.

2.

Considering the quantum of delay and reasons stated for the same delay stands condoned. Application is disposed.

CIVIL APPLICATION (CAO) NO.469/2024 3.

The applicant husband seeking to stay the execution of impugned order passed by the Family Court dated 9.10.2023.

4.

The applicant husband has applied for decree of divorce whilst non-applicant wife has applied for restitution of conjugal rights. The learned Family Judge vide impugned common judgment declined to grant decree of divorce, however, passed a decree of restitution of conjugal rights. The Family court has directed that if the husband fails to comply the order of restitution he should go on paying Rs.30,000/- per month to the wife and children towards maintenance and non-compliance. It is brought to our notice that during the pendency of the

2 cao468.2024 petition there was an interim order of maintenance running against the husband.

5.

While seeking stay the appellant expressed his willingness to clear all the arrears. Since the husband is ready to pay we have no difficulty in partially staying the interim order.

6.

In view of the above, impugned order to the extent of decree of restitution and periodical payment is stayed subject to applicant's clearing entire arrears till date and going on paying further sum of Rs.25,000/- per month till further orders of this Court. The arrears shall be cleared within two months from today.

FAMILY COURT APPEAL STAMP NO.1031/2024 7.

Heard.

8.

Issue notice to the respondent.

9.

Mr. S.M. Vaishnav, learned Counsel waives notice for the non-applicant.

(MRS.VRUSHALI V.JOSHI, J.) (VINAY JOSHI, J.) Tambaskar.