Pravinchandra Virji Chheda v. Naina Pravinchandra Chheda
Case brief
What is this about?
High Court rejected Applicant's civil application for stay of permanent alimony and accommodation clauses from the wife. Court held that Applicant failed to deposit directed funds, causing previous interim relief to vacate. Stay of Clause (5) and (6) was disallowed.
What did the court decide?
Stay over Clauses (5) and (6) rejected; Applicant given three months to deposit Rs. 20 lakhs with interest; monthly rent of Rs. 5,000 to continue.
What the court decided
ash
cam-101.12
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.101 OF 2012 IN
FAMILY COURT APPEAL NO.66 OF 2012
Pravinchandra Virji Chheda. .. Applicant Vs Mrs. Naina Pravinchandra Chheda. .. Respondent
Ms. Varsha Palav i/b The Laureate for the Applicant. Mrs. Naina Pravinchandra Chheda, the Respondent in person.
CORAM : A.S. OKA & A.A.SAYED, JJ DATED : 18TH AUGUST 2016
P.C.
- Heard learned counsel appearing for the Applicant. The
prayer in this Application is for stay of the Clauses (5) and (6) of the operative part of the impugned judgment and decree. Clauses (5) and (6) of the operative part of the impugned judgment and decree read thus:
- “(5) The petitioner do pay an amount of Rs.3 lakhs as permanent alimony to the respondent within three months, failing which the respondent is entitled to recover the said amount with interest @ 6% p.a from the date of this order, till the realisation of entire amount.
Issues for consideration
1 issue framed by the court
Whether the stay of alimony and accommodation orders should be maintained despite non-compliance with deposit directions.
Parties & counsel
- applicant
Pravinchandra Virji Chheda
- respondent
Mrs. Naina Pravinchandra Chheda
Coram
A.S. OKA
Case details
As recorded by the court registry
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