Dismissed

Vishal Keshav Tiwari v. Archana Vishal Tiwari

Bombay HC25 Jun 2014WP/3272/2014

Case brief

AI extract

What is this about?

Petitioner withdrew writ petition seeking liberty to place income documents on record in Family Court proceedings. Court granted liberty, directed deposit of arrears, and ordered Family Court to decide income application on merits without recording evidence.

What did the court decide?

Liberty granted to withdraw petition; Petitioner directed to deposit all arrears of maintenance within six weeks.

Vishal Keshav Tiwari Vs Archana Vishal Tiwari — Maintenance and Alimony | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3272 OF 2014

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Vishal Keshav Tiwari. ... Petitioner. Versus Archana Vishal Tiwari. ... Respondent.

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Mrs. Manjula Rao and Mr. Manish Rai, advocate for Petitioner.

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Mr. Udayan Jain, advocate for respondent.

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CORAM : SMT.SADHANA S. JADHAV,J DATE : JUNE 25, 2014

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P.C.:

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1 Learned Counsel for the Petitioner upon instructions from the Petitioner who is present in the court seeks liberty to withdraw the Petition. Liberty as prayed for is granted in the interest of justice.

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2 The learned Counsel submits that during the pendency of the proceedings before the Family Court as well as during the pendency of this Petition, the Petitioner has learnt from reliable sources that the respondent herein had made an incorrect statement before the Family Court to get the maintenance from the Petitioner. The learned Counsel seeks liberty to place on record all the documents on which

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the Petitioner wants to rely to show that the respondent has source of income. If such an application is filed before the Family Court, the Family Court shall consider the said application on merits. The learned Counsel for the Petitioner submits that the Petitioner would file the said application within one week from today. The learned Family Court is requested to consider the application on its own merits and decide the same within four weeks from the date of filing. The Family Court shall not proceed with the recording of evidence till the application is heard and finally decided.

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3 The learned Counsel for the respondent submits that the Petitioner is in arrears of maintenance. The learned Counsel for the Petitioner upon instructions submits that the Petitioner shall deposit entire arrears within six weeks from today.

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4 The Petitioner is at liberty to file application seeking refund of maintenance amount paid to the respondent in the eventuality that it is proved by cogent and convincing evidence that the respondent had a source of income on the date when the Petition was filed seeking

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maintenance. The learned Family Court shall decide the said application on it's own merits as expeditiously as possible.

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5 With the above observations/directions, the Petition is dismissed as withdrawn. It is made clear that all contentions are kept open. The Petition stands disposed of accordingly. The Petitioner undertakes to deposit entire arrears within 6 weeks from today.

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6 The Rejoinder is taken on record which was served upon the learned Counsel for the respondent.

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Parties to act on the authenticated copy of this order.

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Vishal Keshav Tiwari v. Archana Vishal Tiwari

Case brief

What is this about?

What did the court decide?

Vishal Keshav Tiwari v. Archana Vishal Tiwari

Case brief

What is this about?

What did the court decide?

What the court decided

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