Kalpana W/O. Prakash Nimje v. Prakash S/O. Pundlik Nimje

2024:BHC-NAG:13676-DB 1 27) CAO 557-24 in FCA 2-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 557 OF 2024 IN FAMILY COURT APPEAL NO. 02 OF 2024 KALPANA W/O. PRAKASH NIMJE ...Vs...

PRAKASH S/O. PUNDLIK NIMJE Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri S.P.Hedaoo, Advocate for appellant/applicant. CORAM: SMT. M.S.JAWALKAR AND M.W. CHANDWANI, JJ.

DATED : 12th DECEMBER, 2024.

Heard the learned counsel for the appellant/applicant.

2.

Today, none appears for the respondent.

3.

In spite of service, nobody was attending the matter on behalf of the respondent, hence, vide order dated 03/12/2024, it was made clear that, on the next date i.e. 12/12/2024, if the respondent fails to attend the matter, the Civil Application (CAO) No. 557 of 2024 will be decided in his absence.

4.

The present application is filed for grant of litigation expenses for prosecuting the present appeal effectively.

5.

The applicant claims Rs. 75,000/- towards litigation expenses. In reply, the respondent has

2 27) CAO 557-24 in FCA 2-24.odt submitted that, he is already paying Rs. 30,000/- per month towards maintenance and his salary is Rs. 90,000/- p.m., therefore, the claim of the applicant for an amount of Rs. 75,000/- towards litigation expenses is exorbitant.

6.

In our considered opinion, the direction for expenses are required to be given, but not to the extent of appellant's claim. The amount of Rs. 20,000/- would be appropriate to award the litigation expenses to the applicant/appellant. As such, the present application is allowed.

7.

We direct the respondent to deposit Rs. 20,000/- towards litigation expenses for the appellant/applicant within a period of one month. 8.

Accordingly, the application stands disposed of in above terms.

(M.W. CHANDWANI, J.) (SMT. M.S.JAWALKAR, J.) B.T.Khapekar Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 14/12/2024 15:26:56