Mayuri Dipesh Nagla v. Dipesh Nagla

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Nikita CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.220 OF 2024 IN NIKITA KAILAS DARADE WRIT PETITION NO.8533 OF 2018 NIKITA KAILAS DARADE Date: 2024.07.20 11:35:11 +0530 Mayuri Dipesh Nagla ...

Applicant Vs.

Dipesh Nagla ...

Respondent Ms. Kasturi Narkar Ghadshi for the Applicant. Mr. Pankaj V. Bandekar (appeared through V.C.) a/w Ms. Pranali Girap for the Respondent.

Mr. S. D. Rayrikar, AGP for the State-Respondent. CORAM : GAURI GODSE, J.

DATE :

15th JULY 2024 ORDER :

1.

This application is for withdrawal of amount of the interim maintenance deposited by petitioner-husband in this Court. The order impugned in the petition is dated 16th March 2018 directing the husband to pay an amount of Rs.10,000/- per month towards maintenance.

2.

Learned counsel for the husband submits that after the interim maintenance order was passed, an application was filed in the 1/3

Family Court by the husband for setting aside the interim maintenance order by consent. He submits that, the applicant-wife had given no objection for setting aside the order of interim maintenance.

3.

Learned counsel for the husband has placed on record, the copy of an application at Exhibit-48A filed in the Family Court. The same is taken on record.

4.

Learned counsel for the applicant-wife submits that the applicant has no objection for grant of divorce. She submits that the applicant-wife has already submitted before the Family Court that she was working and therefore, she does not want maintenance. However, she submits that the respondent should agree for dissolution of marriage.

5.

Learned counsel for the respondent husband submits that the husband has filed an application for restitution of conjugal rights, and the wife has applied for divorce. Learned counsel for the husband submits that Family Court has granted restitution of conjugal rights and dismissed the petition of divorce filed by the wife. Both the Family Court Appeals filed by the wife are pending before this Court.

6.

Considering the rival submissions made above, I find it 2/3

appropriate that the parties should explore possibility of some amicable solution. To enable the parties to make an attempt to amicably settle the dispute and arrive at some solution, let the parties remain present before the Court on the next date, either physically or on V.C.

7.

List the interim application on 31st July 2024. To be listed under the caption "for directions".

[GAURI GODSE, J.] 3/3