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Bombay High CourtIA/6965/2024disposed off

Mr. Kiran Chandrakant Doshi v. Mrs. Alka Kiran Doshi Nee Alka Rasiklal Shroff

2024-04-05Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

by AARTI GAJANAN PALKAR Date:

2024.04.08 11:32:49 +0530 AARTI GAJANAN PALKAR 32.IA.6966.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL (L) NO.5307 OF 2024 WITH INTERIM APPLICATION NO.6965 OF 2024 IN FAMILY COURT APPEAL (L) NO.5307 OF 2024 INTERIM APPLICATION NO.6966 OF 2024 IN FAMILY COURT APPEAL (L) NO.5307 OF 2024 Mr. Kiran Chandrakant Doshi .... Appellant/Applicant

Versus

Mrs. Alka Kiran Doshi ....Respondent Ms Twinkle Bhalghat a/w. Anita Singh, Advocates for Appellant/Applicant-Husband.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 05, 2024 P. C.

1.

The above Family Court Appeal is filed challenging the Order dated 28th June, 2023 passed below Exh.11. Exh.11 was an application filed under Section 24 of the Hindu Marriage Act, 1955 for grant of interim maintenance. That application came to be allowed by directing the Appellant-Husband to pay an amount of APRIL 05, 2024 Aarti Palkar

32.IA.6966.2024.doc Rs.25,000/- per month to the Respondent-Wife as interim maintenance from the date of filing of the application (7th August 2017) till the disposal of the Family Court Petition. 2.

The learned counsel appearing on behalf of the AppellantHusband fairly submitted that an appeal would not lie to challenge the impugned order and she would have to challenge the same by filing a Writ Petition before a learned Single Judge of this Court. She, therefore, sought leave to withdraw the Appeal with liberty to challenge the said order by filing a Writ Petition. In these circumstances, the above Appeal is dismissed as withdrawn with liberty as prayed.

3.

In view of the disposal of the above Appeal, nothing survives in the Interim Applications filed therein and the same are disposed of accordingly.

4.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.] APRIL 05, 2024 Aarti Palkar