The High Court dismissed the review petition challenging the dismissal of a civil application for maintenance. The court found the asserted non-observation in a prior writ judgment to be incorrect.
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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VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
REVIEW PETITION No. 5 OF 2019 IN CIVIL APPLICATION No. 132 OF 2018 IN FAMILY COURT APPEAL No. 17 OF 2018
Harshad Dilip Joshi … Petitioner Vs. Maithili Harshad Joshi … Respondent
Mr. S. M. Kelkar a/w Shraddha Chavan i/b Mahendra Agvekar, for the Petitioner.
Ms. Prabha Badadre a/w Omkar Nagwekar, for Respondent.
CORAM : INDRAJIT MAHANTY, & S. V. KOTWAL, JJ. DATE : JULY 23, 2019
PC :
February, 2019 passed in Civil Application No. 132 of 2018 filed in Family Court Appeal No. 17 of 2018. We had already observed that the prayer in the civil application was beyond the scope of the family court appeal and the application was not maintainable. Now, the review petition is filed by making averment in paragraph
2, which reads as under:
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“2. The applicant challenged this order by filing a Writ Petition No. 6942/2014 taking the ground that respondent did not disclose her income. The High Court dismissed the Writ by holding that it is the responsibility of the applicant to bring the income of respondent on record. The copy of the said order is annexed herewith marked as Exhibit A.”
Single Judge of this Court in Writ Petition No. 6942 of 2014. We have already granted liberty to the Petitioner / applicant to seek legal remedy as is available to him. Therefore, in our considered
view, no ground for review is made out. The review petition is, therefore, dismissed.
Sd/Sd/- [S. V. KOTWAL, J.] [INDRAJIT MAHANTY, J.]
Vinayak Halemath
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1 issue framed by the court
Whether the averment regarding the Single Judge's non-observation supports a review of the Civil Application order.
Harshad Dilip Joshi
Maithili Harshad Joshi
Indrajit Mahanty
S. V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
