Appeal against maintenance order disposed as respondent wife died during pendency. Appellant agreed no cause of action survives; pending civil application also disposed.
Appeal dismissed; pending civil application disposed of.
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fca11-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
FAMILY COURT APPEAL NO. 11 OF 2022
WITH
CIVIL APPLICATION NO. 2463 OF 2022
Satyendra Shivram Jindam...Appellant
VERSUS
Jayshree @ Puspha Satyendra Jindam...Respondent
Mr. S. S. Bora, Advocate for the Appellant
Mr. S. B. Ghatol Patil, Advocate for the Respondent
CORAM: RAVINDRA V. GHUGE, &
Y. G. KHOBRAGADE, JJ.
DATE:2nd August, 2023
ORDER:
1. The learned counsel appearing for the appellant submits that the
present appeal is filed by the appellant-husband challenging the
judgment and order dated 04.02.2021 passed by the learned Family
Court, Nanded in Petition-C No. 11/2017, whereby the appellant has
been directed to pay Rs.10,000/- per month to the respondent/ wife
towards her maintenance, however, during the pendency of the appeal,
the respondent wife died on 13.05.2023, therefore, no cause of action
survives. Hence, prayed for dismissal of the appeal.
2. Since the respondent/wife was granted monthly maintenance of Rs.10,000/- under section 18 of the Hindu Adoption and Maintenance
Page 1 of 2
fca11-23
Act, 1956 by the learned Family Court and during pendency of the
present appeal the respondent wife died, the appellant does not wish to
pursue the appeal. Therefore, present appeal is disposed off as no
cause of action survives. Accordingly, pending civil application stands
disposed off.
( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )
JPChavan
Page 2 of 2
1 issue framed by the court
Whether the cause of action survives when the respondent wife dies during the pendency of an appeal challenging a maintenance order.
1 provisions across 1 enactments
Satyendra Shivram Jindam
Jayshree @ Puspha Satyendra Jindam
RAVINDRA V. GHUGE
Y. G. KHOBRAGADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court