Disposed

Hemant Digamar Shete v. Master Atharva Hemant Shete Throuh Geeta H Shete (Natural Guardian)

Bombay HC25 Nov 2011CAM/193/2011

Case brief

AI extract

What is this about?

The court condoned the 52-day delay in filing an appeal against a Family Court maintenance order, subject to the applicant depositing maintenance arrears and litigation expenses within six weeks. The appeal is scheduled for admission after this period.

What did the court decide?

Delay condoned on condition of deposit of arrears and litigation expenses within six weeks; appeal admittable thereafter.

Hemant Digamar Shete Vs Master Atharva Hemant Shete… — Maintenance and Alimony | Bombay HC (2011)

¶1

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

CIVIL APPLICATION NO. 193 OF 2011 IN

¶5

FAMILY COURT APPEAL (ST) NO.21115 OF 2011

¶6

Office Notes, Court's or Judge's orders. Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

¶7

Mr. Sarojini Upadhya, for the applicant. Ms. Seema Sarnaik, for the respondent.

¶8

CORAM: D.B.BHOSALE AND K.K.TATED, JJ. DATE : 25/11/2011

¶9

PC:

¶10

Heard learned counsel for the parties.

¶11

By this civil application, the applicant has prayed for condoning 52 days delay caused in filing Appeal. The appeal is directed against the order of maintenance passed by the Family Court.

¶12

Ms Sarnaik, learned counsel for the respondent, submits that the applicant is in arrears of maintenance awarded by the Family Court. The Family Court, by

¶13

¶14

the impugned judgment,awarded maintenance of Rs.1500/- per month to the respondent-minor, who is represented through his natural guardian, i.e. wife of the applicant. We have perused the civil application. For the reasons stated in the application, the delay in filing the appeal is condoned, subject to the applicant, without prejudice to his rights and contentions, depositing arrears of maintenance as per the impugned judgment, if any, in the Family Court within a period of six weeks from today.

¶15

It is not clear as to whether the applicant has deposited the litigation expenses as per the order dated 8.9.2011. In view thereof, the applicant shall also deposit the litigation expenses as per the order dated 8.9.2011, if not deposited already, before the next date, failing which the appeal shall stand dismissed for nonprosecution without reference to the court. The respondent will have a liberty to withdraw the

¶16

¶17

aforementioned amount.

¶18

Appeal to come up for admission after six weeks.

¶19

The civil application is disposed of.

¶20

(K.K.TATED,J.) (D.B.BHOSALE, J.)

¶21

Hemant Digamar Shete v. Master Atharva Hemant Shete Throuh Geeta H Shete (Natural Guardian)

Case brief

What is this about?

What did the court decide?

Hemant Digamar Shete v. Master Atharva Hemant Shete Throuh Geeta H Shete (Natural Guardian)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Narayan Mahadeo Khedkar Vs the Staet of Maharashtra and Ors.

Mathadi Hamal Kamgar Sahakari Society Ltd, Miraj, through Chairman Shri. Vikram S. Waghmode Vs the State of Maharashtra and Ors.

Mathadi Hamal Kamgar Sahakari Society Ltd, Miraj, through Chairman Shri. Vikram S. Waghmode Vs the State of Maharashtra and Ors.

Vanita Vinayak Kalwaghe Vs Vinayak Kalwaghe

Shri. Bhaskarrao Bhaurao Garud Vs State of Maharashtra, Mumbai and Ors.

Sudhakar Govind Rave Vs Maharashtra Agro Industries Development Corporation Ltd.