Rishit Satish Kapadia v. Setu R Shah Rishit Kapadia

25. MCA 449 of 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO. 449 OF 2024 Rishit Satish Kapadia ...Applicant vs.

Setu R. Shah Rishit Kapadia and Ors.

...Respondents

***** Mr. Shailesh Kharat a/w Mr.

Tanmay Kate Advocate for the Applicant Adv. Afsar Ansari i/by Adv.

Shambhu Jha Advocate for the Respondent No. 2 ***** CORAM :

S. M. MODAK, J.

DATE :

29th NOVEMBER 2024 P. C. :- 1.

Learned Advocate for the Respondents undertakes to file Vakalatnama so also affidavit-in-reply. Affidavit-in-reply be served on other side in advance.

2.

There is request by learned Advocate Shri Kharat to stay the domestic violence proceeding. It is for the reason even though certain interim reliefs are granted in favour of the wife, she is filing one application after another and she wants to harass the Respondent therein. He submitted that even though there is order of eviction Seema 1/2

25. MCA 449 of 2024.doc passed by authorities as per the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 in a proceeding moved by father in law, the domestic violence Court has granted her access to the matrimonial house. That is why stay is insisted. 3.

On the basis of the instructions, he submitted that if she wants enhancement of the maintenance, he is not having any objection to go on with such applications.

4.

I am not in favour of staying entire DV proceeding at this stage. Let learned Magistrate seized of the domestic violence proceeding to go on the hearing of only those applications containing the reliefs which are sought only for the first time. Reliefs which are already granted, let learned Magistrate not to proceed. This direction effective till next date.

5.

Matter be kept on 17th January 2025.

[S. M. MODAK, J.] Seema 2/2 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 03/12/2024 18:23:03