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Bombay High CourtIA/73/2022disposed off

Padmavati Sandeep Jaykar v. Sandeep Motiram Jaykar

2022-07-06Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Shri Justice Milind N. Jadhav2 pages

29.ia.73.22.doc S.S.Kilaje IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO. 73 OF 2022 IN FAMILY COURT APPEAL NO. 38 OF 2021 Padmavati Sandeep Jaykar Applicant / Org. Respondent

Versus

Sandeep Motiram Jaykar ..

Respondent/ Org. Appellant WITH FAMILY COURT APPEAL NO. 38 OF 2021 ..

WITH INTERIM APPLICATION NO. 2100 OF 2021 ....................

. Mr. Priyal G. Sarda for the Applicant- wife . Mr. Ravindra V. Sankpal i/by R.V.Sankpal & Associates for the Respondent-husband ...................

CORAM : K. R. SHRIRAM & MILIND N. JADHAV, JJ.

DATE : 6th JULY, 2022 P.C.

:

1.

On 22.06.2022, the following order came to be passed : "1. Applicant-wife is not present in court. Respondent-husband was directed to pay Rs.10,000/- per month as an interim arrangement for restitution of conjugal rights that was filed by applicant-wife. That petition was decreed but appellant was unhappy with the decree and is before this court in this appeal.

2. Now this interim application has been taken out for payment of Rs.75,000/- as interim maintenance to the wife. Respondent is directed to pay a sum of Rs.15,000/- from 1st February 2021 until the hearing of this interim application. We fixed this amount of Rs.15,000/- because the counsel for applicant was not present when the matter was called out and appeared only when this order was being dictated.

3. Interim application be listed for hearing on 6th July 2022. Before the next date, respondent is directed to pay this amount of Rs.15,000/- w.e.f. February 2021, i.e., Rs.2,55,000/- to applicant. If this order is not complied with, appeal itself will get dismissed."

29.ia.73.22.doc 2.

Mr. Sarda states respondent -husband has not paid any maintenance. Mr.Sankpal states respondent -husband wants to pay lumpsum amount to the applicant-wife. Mr. Sarda on instructions states that applicant does not want to support but wants to live with the respondent.

3.

We have to note that in the order dated 22.06.2022, we had made it clear that if the order is not complied with, appeal itself will get dismissed. Hence, appeal dismissed. Pending application filed by respondent-husband if any, is also dismissed. [ MILIND N. JADHAV, J. ] [K. R. SHRIRAM, J.] by SONALI SATISH KILAJE Date:

2022.07.08 14:40:12 +0530 SONALI SATISH KILAJE