This High Court dismissed a writ petition challenging an order striking off the appellant's defence for non-payment of maintenance. It held the order valid under CPC Rule 11 and stated that filing an SLP does not halt trial court proceedings.
The writ petition was dismissed and costs of Rs.15,000/- were awarded to the respondent.
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) (903) WP 3304/13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
Amk
WRIT PETITION NO. 3304 OF 2013
Ramchandran Venkatraman Ayyar .. Petitioner Vs.
Sonali Ramchandran Ayyar
.. Respondent
Mr. Y. R. Singh a/w. Mr. A. B. Ghodke i/b Udit Law for the Petitioner. Mrs. S. S. Gokhale for the Respondent.
CORAM : MRS. ROSHAN DALVI, J. DATE : 5 th APRIL, 2013.
P.C.
(2) (903) WP 3304/13
obey the order of payment of maintenance of Rs.15,000/- passed by this Court which remained unpaid.
(ROSHAN DALVI, J.)
3 issues framed by the court
Whether the striking off of the petitioner's defence by inferior court in non-payment of maintenance was valid.
Whether filing an SLP in the Supreme Court grants a right to delay proceedings in the trial court.
Whether the writ petition challenging the order was maintainable.
1 provisions across 1 enactments
Ramchandran Venkatraman Ayyar
Sonali Ramchandran Ayyar
Roshan Dalvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
