The Court corrected a clerical error in an order dismissing a civil application and clarified that maintenance granted from August 2007 is withdrawable and may be directly remitted to the wife.
Correction of clerical error in order; clarification that maintenance is withdrawable and remittable directly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.107 OF 2007
IN
FAMILY COURT APPEAL NO.136 OF 2007
Ankush Parshuram Bhelke
V/s.
Sunita @ Ankush Bhelke
...Applicant
...Respondent
Mr.S.G. Deshmukh, Advocate, for the Applicant.
Mr.S.S. Patwardhan, Advocate, for the Respondent.
CORAM : J.N. PATEL &
A.A. SAYED, JJ.
DATE : 13TH SEPTEMBER, 2007.
P.C. :
1.Our order dated 23-8-2007 wrongly records that
"In view of the disposal of appeal, Civil Application
does not survive and same stands disposed of". The
same requires to be substituted by "Civil Application
stands disposed of accordingly." Necessary correction
be made.
2.It is further clarified that the maintenance
to be granted from August-2007 onwards and the
respondent wife may be permitted to withdraw the
maintenance. It can also be directly remitted to the
wife at her address.
2 issues framed by the court
Whether to correct clerical error in order dismissing civil application.
Whether to clarify provision regarding withdrawal and remittance of maintenance.
Ankush Parshuram Bhelke
Sunita @ Ankush Bhelke
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court