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Bombay High CourtCAO/1288/2019admittedallwdgrantedrule absolute

Prajakta W/O Ashish Bhandarkar v. Ashish S/O Baburaoji Bhandarkar

2019-08-21Hon'Ble Shri Justice P.N. Deshmukh,Hon'Ble Smt. Justice Pushpa V. Ganediwala3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAO) NO. 1288 OF 2019 IN CIVIL APPLICATION (CAO) NO. 519 OF 2019 IN FAMILY COURT APPEAL (FCA) NO. 9 OF 2019.

(Prajakta W/o Ashish Bhandarkar, Nagpur-13 Vs. Ashish S/o Baburao Bhandarkar, Nagpur.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.M.Ekre, Advocate for applicant/appellant. Shri Shazad Khan, Advocate for respondent.

CORAM : P.N. DESHMUKH & PUSHPA V. GANEDIWALA, JJ.

AUGUST 21, 2019.

Learned counsel for applicant/appellant seeks leave to withdraw the application with liberty to take steps by filing application seeking directions to the proposed respondent in this application to supply salary certificate of respondent-husband. We find that this application is taken out to add proposed respondent No.2, who is employer of respondent, only for the purpose of seeking directions against him to supply respondent's salary certificate. In that view of the matter, leave as prayed for, is allowed. Application is disposed of as dismissed as allowed to be withdrawn with liberty to

file application, as prayed for.

CIVIL APPLICATION (CAO) NO. 1289 OF 2019.

Heard.

This application is for grant of interim maintenance to applicant/appellant - wife contending that pending appeal, in spite of order of the learned Family Court, Nagpur directing respondent-husband to pay Rs.10,000/- per month as maintenance, no amount is paid by respondent. Learned counsel for respondent submits that respondent has not paid said amount in view of interim order of this Court dated 07/03/2019 granting status quo to parties. However, perusal of said order does not come as impediment for nonpayment of maintenance amount of Rs.10,000/- per month, as the status quo is only in respect of marital status of parties to the appeal.

In that view of the matter, we allow the application, directing respondent to pay amount of maintenance including the arrears thereof within six weeks from today.

Accordingly, Civil Application is disposed of, as allowed.

FAMILY COURT APPEAL (FCA) NO. 9 OF 2019.

Since, record and proceedings is found

received, by dispensing with filing of paper-book, appeal be shown in the caption of "final hearing". JUDGE JUDGE Sumit