Disposed

Ku. Ambika Santoshrao @ Bhujangrao Thakre and Other v. Santoshrao @ Bhujangrao Madhavrao Thakare

Bombay HC8 Dec 2023FCA/53/2022

Case brief

AI extract

What is this about?

In this Family Court Appeal, the High Court Bench suggested that since the trial court can decide the original maintenance application afresh, the parties admitted the matter should be time-bound. The Court directed the Trial Court to decide the maintenance petition on merits within three months. The appeal was disposed based on this order.

What did the court decide?

Directed the Trial Court to decide the maintenance application on merits within three months. Both counsels directed to cooperate for time-bound disposal.

Ku. Ambika Santoshrao @ Bhujangrao Thakre and Other… — Maintenance and Alimony | Bombay HC (2023)

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2023:BHC-NAG:17066-DB

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1 922-J-FCA-53-22.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

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FAMILY COURT APPEAL NO. 53 OF 2022

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APPELLANTS : 1.Ku. Ambika Santoshrao @ Bhujangrao
(Ori. Applicants)Thakre, Age @ 23 yrs, Occ - Student,

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2. Ku. Devki Santoshrao @ Bhujangrao Thakre Age @ 20, Occ - Student,

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Both R/o C/o Shri Sai Regency,
Ganesh Colony, Shilangan Road,
Amravati, Tq. & Dist. Amravati.

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V E R S U S

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RESPONDENT :Santoshrao @ Bhujangrao Madhavrao
(Ori. Respondent)Thakare, Age @ 57 yrs, Occ - Service,
R/o Chitrkut, Shrikrushna Vihar,
Near Saturna MIDC, Amravati,
Tq. & Dist. Amravati.

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Shri S. M. Vaishnav, Advocate for appellants.

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Ms. Aastha Sharma, Advocate h/f Shri P. R. Agrawal, Advocate for
respondent-sole.

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CORAM:-VINAY JOSHI AND

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M. W. CHANDWANI, JJ.
DATED : 08/12/2023.

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ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

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1.Heard finally with the consent of learned counsel
appearing for the parties. Admit.

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2.This is an appeal under Section 19 of the Family Courts
Act, 1984 filed by children challenging the order dated

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2 922-J-FCA-53-22.doc

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14/09/2022 passed by the Family Court, Amravati in M.C.A.
No.21/2019 whereby the ex-parte Judgment and Decree dated
01/10/2019 in Petition No.C-10/2019 has been passed.

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3.Initially, appellants / applicants who are minor children
have applied for grant of maintenance in terms of Section 125 of
the Code of Criminal Procedure. In the said proceedings, ex-parte
order dated 01/10/2019 has been passed granting certain amount
of maintenance to the children. Being aggrieved by said ex-parte
order, father has filed M.C.A. No.21/2019 for setting aside
ex-parte decree. The said application was heard and decided by
Family Court on merits by which ex-parte Judgment and order
granting maintenance was set aside. Being aggrieved, now in turn,
minor children have filed this appeal raising a challenge to the
order of setting aside ex-parte decree.

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4.Having regard to the nature of allegation, we have
suggested to both learned counsels that the Trial Court can decide
the original maintenance application afresh on merits. In view of
our suggestions, both learned counsels formally admitted that the
matter should be made time bound. By consent, we pass the
following order :-

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3 922-J-FCA-53-22.doc

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ORDER

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I]The learned Trial Court is directed to decide the
maintenance application bearing Petition
No.C-10/2019 on merits within three months from
the date of receipt of this order.

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Ii]Both the learned counsels are directed to co-
operate with the Trial Court for time bound disposal.

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5.The Appeal stands disposed in the above terms.

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[M. W. CHANDWANI, J.] [VINAY JOSHI, J.]

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Choulwar

Ku. Ambika Santoshrao @ Bhujangrao Thakre and Other v. Santoshrao @ Bhujangrao Madhavrao Thakare

Case brief

What is this about?

What did the court decide?

Ku. Ambika Santoshrao @ Bhujangrao Thakre and Other v. Santoshrao @ Bhujangrao Madhavrao Thakare

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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