Partly allowed

Sandip Ratan Patil v. Bhagyashree W/O Sandip Patil and Another

Bombay HC21 Nov 2022APPLN/1534/2022

Case brief

AI extract

What is this about?

In this revision against a family court order granting maintenance, the High Court, while acknowledging the applicant's arrears and lack of opportunity for cross-examination, granted an interim stay on the impugned order only on the condition that the applicant deposits a portion of the arrears and continues partial payments.

What did the court decide?

Stayed the impugned family court maintenance order on condition of depositing arrears and continuing partial payments until 16.12.2022.

Sandip Ratan Patil Vs Bhagyashree W/O Sandip… — Pension and Retirement Benefits | Bombay HC (2022)

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49-appln-1534-2022.odt

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO.1534 OF 2022

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IN REVN/147/2022

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SANDIP RATAN PATIL VERSUS BHAGYASHREE W/O SANDIP PATIL AND ANOTHER

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Advocate for Applicants : Mr. Patil Ujwal Subhash APP for Respondent/State : Mr. V.M. Kagne

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Advocate for Respondent Nos.1 & 2 : Mr. Anup D. Mane h/f Mr. Amol S. Sawant

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CORAM : S.G. MEHARE, J.

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DATED : 21^st NOVEMBER, 2022

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PER COURT:-

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Heard learned counsel for the applicant and learned counsel for the respondents.

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The applicant has preferred this revision against the

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order granting maintenance passed by the learned Judge, Family Court, Dhule.

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Learned counsel for the applicant would submit that the learned Judge, Family Court did not consider whether the notice was properly served or not. That is the sole ground challenging the impugned order and seeking exparte stay.

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Learned counsel for the respondents has vehemently argued that the notice was correctly served on the proper address. The quantum determined by the learned Judge, Family Court is also

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49-appln-1534-2022.odt

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(2)

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correct and proper. The applicant was in arrears of Rs.2,50,000/-. The non-applicant has to file the execution proceedings and thereafter, the applicant approached this Court. The impugned judgment and order was passed in the year 2021. The applicant did not pay a single penny towards the maintenance to the respondents. Even today, the maintenance of Rs.2 lacs is in arrears. The applicant is not paying the maintenance regularly. Hence, the interim stay may not be granted.

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Perused the papers. The learned Judge, Family Court had granted Rs.6,000/- per month to the wife and Rs.4,000/- per month to the daughter. The counsel appearing for the applicant did not deny that the applicant is in arrears of Rs.2 lacs on date. He is arguing again and again that an opportunity should be granted to the applicant to cross-examine the witnesses. Whether his absence was genuine or beyond his control, has to be examined on merit. Till then, the applicant cannot absolve from responding to his responsibility to maintain his wife and daughter. The applicant’s counsel would submit that the applicant is getting Rs.15,000/- per month. In view of the fact, the interim protection may be granted on certain conditions. Hence, the following order :

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ORDER

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I) The application is allowed.

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49-appln-1534-2022.odt (3)

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II) The impugned order dated 22.09.2021 passed by the learned Judge, Family Court, Dhule in Petition No.E-66/2020 granting maintenance to the respondents is stayed till the conclusion of present petition, on the condition that the applicant shall deposit Rs.1,50,000/- towards arrears of maintenance in three equal installments of one month each from today and continue to pay Rs.4,000/- per month to the respondent-wife and Rs.3,000/- per month to the daughter.

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III) If the applicant would fail to pay the maintenance as directed above, the stay shall stand automatically vacated.

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IV) List the revision application on 16.12.2022. Call record and proceedings.

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(S.G. MEHARE, J.)

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Mujaheed//

Sandip Ratan Patil v. Bhagyashree W/O Sandip Patil and Another

Case brief

What is this about?

What did the court decide?

Sandip Ratan Patil v. Bhagyashree W/O Sandip Patil and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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