Writ petitioner challenged an order directing 75% deposit of maintenance arrears and monthly dues to allow execution of decree. Court dismissed the petition, upholding the lower court's order as the petitioner had failed to comply.
The petition was dismissed and the writ was quashed forthwith.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPLICATION JURISDICTION
Writ Petition No.751 of 2011
Sudhir Vitthalrao Shinde ..Petitioner
v/s.
Prerna Sudhir Shinde
& Another ..Respondent
Mr. Satyajit Mirajkar for the petitioner None for the respondent.
CORAM : R.Y.GANOO, J. DATED : 9th March, 2011
P.C. :
of 3rd Joint Civil Judge, Senior Division, Satara, being Special Civil
Suit No.147 of 2007. The petitioner was ordered to pay interim maintenance. The respondent was granted interim maintenance. The
Special Civil Suit was disposed of finally by Order dated 1.1.2009. The respondent no.1 is awarded maintenance of Rs.2000/- and the respondent no.2 child is awarded maintenance of Rs.1500/- from the
date of filing of the suit.
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not paid the decree is permitted to be executed. Counsel for the petitioner contended that for non payment of arrears, or for the monthly maintenance the petitioner will have to face the execution of the decree. After having read the order as well as after having noted that the petitioner has been consistently in arrears, namely the petitioner has not paid 75% of the monthly maintenance from February 2011, it is clear that the petitioner has not complied with the orders of the court. The lady who has been awarded maintenance is deprived of the said maintenance even to the extent of 75%. This clearly goes to show that the petitioner is not inclined to even pay 75% of the amount.
1 issue framed by the court
Whether the High Court should interfere with the District Judge's order directing deposit of maintenance arrears to permit execution of decree upon default.
Sudhir Vitthalrao Shinde
Prerna Sudhir Shinde
R.Y. Ganoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
