Mr. Aniket Tupe v. Mrs. Piyusha Tupe

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.13 OF 2020 IN FAMILY COURT PETITION NO.A 1223 OF 2015 Piyusha Aniket Tupe .. Appellant/ Org.Respondent

Versus

Aniket Subhash Tupe .. Respondent/ Org.Petitioner WITH INTERIM APPLICATION.753 OF 2020 IN FAMILY COURT APPEAL NO.13 OF 2020 Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.03.04 11:07:49 +0530 UTKARSH KAKASAHEB BHALERAO WITH INTERIM APPLICATION NO.1737 OF 2024 IN FAMILY COURT APPEAL NO.13 OF 2020 WITH INTERIM APPLICATION (ST) NO.3396 OF 2024 IN FAMILY COURT APPEAL NO.13 OF 2020 WITH FAMILY COURT APPEAL NO.86 OF 2022 WITH INTERIM APPLICATION NO.3791 OF 2020 IN FAMILY COURT APPEAL NO.86 OF 2022

Mr.Archit Jayakar a/w Prachi Thakkar i/b Jayakar and Partners, Advocates for the Appellant/Applicant-Wife in FCA/13/2020 and IA/753/2020 and Respondent in IA/1737/2024, IA(st)/3396/2024, FCA/86/2022 and IA/3791/2020.

Mr.Abhijit Sarwate a/w Hardev Aidhen, Advocate for Appellant/Applicant-Husband in IA/1737/2024, IA(st)/3396/2024, FCA/86/2022, IA/3791/2020 and for Respondent in FCA/13/2020, IA/753/2020.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 01, 2024 P. C.

1.

In the above matters we are informed that the Husband is in arrears of maintenance as per the order of the Trial Court to the tune of approximately Rs.24 Lakhs.

2.

Mr.Sarwate, on taking instructions from the Husband who is present in Court, stated that towards these arrears, a sum of Rs.5 Lakhs would be paid into the bank account of the Wife on or before 7 th March, 2024. He further requested that the matter be kept on next Friday (8th March, 2024) so that he can inform the Court how the Husband would clear the balance arrears of Rs.19 Lakhs.

3.

Considering the statement made by Mr.Sarwate, we direct that an amount of Rs.5 Lakhs shall be deposited in the account of the Wife on or before 7th March, 2024.

4.

We now place the above matter on 8th March, 2024, when Mr.Sarwate, on taking instructions, shall inform the Court as to how the Husband proposes to clear the balance arrears of Rs.19 Lakhs and in what time frame.

5.

On or before the next date, the Wife is also directed to disclose her bank statement [for the period 1st January, 2019 till date or from the date of opening of the account whichever is later], which was missed out in the affidavit filed in this Court as per the judgment of the Hon'ble Supreme Court in the case of Rajnesh V/S Neha & Anr. (AIR 2021 SC 569).

6.

Stand over to 8th March, 2024.

7.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]