Dismissed

Satyendra Shivram Jindam v. Jayshree @ Pushpa Satyendra Jinda

Bombay HC2 Aug 2023FCA/11/2022

Case brief

AI extract

What is this about?

This appeal challenging a monthly maintenance order was disposed of as dismissed because the respondent wife died during the appeal's pendency, extinguishing the cause of action. The attached civil application was also disposed of.

What did the court decide?

The appeal was dismissed as the cause of action no longer survives due to the respondent's death. The pending civil application was also disposed of.

Satyendra Shivram Jindam Vs Jayshree @ Pushpa… — Maintenance and Alimony | Bombay HC (2023)

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fca11-23

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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FAMILY COURT APPEAL NO. 11 OF 2022
WITH
CIVIL APPLICATION NO. 2463 OF 2022

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Satyendra Shivram Jindam...Appellant
VERSUS
Jayshree @ Puspha Satyendra Jindam...Respondent

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Mr. S. S. Bora, Advocate for the Appellant
Mr. S. B. Ghatol Patil, Advocate for the Respondent

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CORAM: RAVINDRA V. GHUGE, &
 Y. G. KHOBRAGADE, JJ.
DATE:2nd August, 2023

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ORDER:

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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.

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2. Since the respondent/wife was granted monthly maintenance of Rs.10,000/- under section 18 of the Hindu Adoption and Maintenance

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Page 1 of 2

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fca11-23

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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.

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( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )

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JPChavan

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Satyendra Shivram Jindam v. Jayshree @ Pushpa Satyendra Jinda

Case brief

What is this about?

What did the court decide?

Satyendra Shivram Jindam v. Jayshree @ Pushpa Satyendra Jinda

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

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Satyendra Shivram Jindam Vs Jayshree @ Pushpa Satyendra Jinda