Dismissed

Smt. Sindhu Goroba Gaisamudre v. Shri. Goroba Buwaji Gaisamudre

Bombay HC4 Oct 2016CAM/21/2016

Case brief

AI extract

What is this about?

The Bombay High Court dismissed the appellant-wife's appeal against the dismissal of her maintenance application under Section 24 of the Hindu Marriage Act, holding it non-maintainable as interim proceedings ended with the dismissal of the main divorce petition.

What did the court decide?

The appeal was dismissed as not maintainable and the civil application 21 of 2016 was disposed of as it did not survive.

Smt. Sindhu Goroba Gaisamudre Vs Shri. Goroba Buwaji… — Maintenance and Alimony | Bombay HC (2016)

¶1

11fca10-16.odt

¶2

spb/

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

FAMILY COURT APPEAL NO. 10 OF 2016 WITH CIVIL APPLICATION NO. 21 OF 2016 IN

¶5

FCA NO. 10 OF 2016

¶6

Smt. Sindhu Goroba Gaisamudre … Appellant/Applicant.

¶7

V/s.

¶8

Shri Goroba Buwaji Caisamudre … Respondent.

¶9

¶10

Mr. Ashok B. Tajane, Advocate for the Appellant/Applicant. None for the Respondent.

¶11

¶12

CORAM : V. M. KANADE AND MRS.SWAPNA JOSHI,JJ.

¶13

DATE : 04^th OCTOBER, 2016 P.C. :

¶14

1 Heard the learned counsel appearing for the Appellant/Applicant. None present for the Respondent.

¶15

2 Appellant is the wife against whom the Respondent -husband had filed the petition for divorce in the Family Court. In the said petition, an application under section 24 of the Hindu Marriage Act was filed by the appellant-wife, seeking maintenance for herself. The petition filed by the respondent-

1/2

Borey

spb/

11fca10-16.odt

husband was dismissed by the Family Court and as a result of the dismissal of the main petition, the maintenance application also stood dismissed. Against the said order of dismissal of the application under section 24 of the Act, the Appellant has filed the present appeal before this court. In our view, this Appeal is not maintainable since the interim proceedings stood terminated after the dismissal of the main petition.

¶21

3 The Appeal is, therefore, dismissed as not maintainable. The Civil application no. 21 of 2016 also does not survive and it is disposed of accordingly.

¶22

4 We are informed that the Respondent-husband has filed an Appeal against the order of dismissal of the petition passed by the Family Court. The Appellant-wife is at liberty to take civil application therein for continuation of maintenance awarded by the Family Court under section 24 of the Act. Reserving the said right, the present Appeal is disposed of, as ordered above.

¶23

(MRS.SWAPNA JOSHI,J.) (V. M. KANADE,J.)

¶24

2/2

¶25

Borey

Smt. Sindhu Goroba Gaisamudre v. Shri. Goroba Buwaji Gaisamudre

Case brief

What is this about?

What did the court decide?

Smt. Sindhu Goroba Gaisamudre v. Shri. Goroba Buwaji Gaisamudre

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramchandra Jyoti Patil Vs the Managing Director- Kolhapur Zillha Sahakari Doodh Utpadak Sangh Ltd.

rohini damji sidpra Vs tata share registry Ltd. and 5 Ors.

Jugal Bhiku Patel and Anr. Vs Union of India and Ors.

Smt. Sindhu Goroba Gaisamudre Vs Shri. Goroba Buwaji Gaisamudre

Kirti Kumar Suvarna Vs Shimpoli Niranjan Co. Op. Hsg. Soc., Ltd., and Ors.

Mehul Shantilal Katariya Vs the Municipal Corporation of Greater Mumbai and Ors.