Allowed

Mrs. Riddhi Trupesh Trivedi Nee Riddhi D/O Hareshbhai Trivedi v. Mr. Trupesh Rajendra Trivedi and Anr.

Bombay HC19 Aug 2023WP/4841/2023

Case brief

AI extract

What is this about?

This judgment allowed a writ petition challenging the Family Court's order imposing Rs. 40,000 in costs for delay in filing a Written Statement. The Court reduced the costs to Rs. 20,000 and permitted the petitioner to withdraw the amount and file the Written Statement.

What did the court decide?

Costs reduced from Rs. 40,000 to Rs. 20,000; petitioner permitted to withdraw the amount and file Written Statement.

Mrs. Riddhi Trupesh Trivedi Nee Riddhi D/O Hareshbhai… — Maintenance and Alimony | Bombay HC (2023)

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10-ASWP-4841-2023.DOC

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Shivgan

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4841 OF 2023

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Mrs. Riddhi Trupesh Trivedi …Petitioner Nee Riddhi D/O Hareshbhai Trivedi Versus Mr. Trupesh Rajendra Trivedi & Anr. …Respondent

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Mr Ravi P Kadam , for the Petitioner. None for the Respondent.

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CORAM Neela Gokhale, J. DATED: 19th August 2023

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PC:-

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1. Mr. Ravi Kadam appears for the Petitioner/wife. None appears for the Respondent/Husband despite notice of this Court. The Petitioner has also served the Respondent through private notice. The Petitioner is directed to place the afodavit of service on record during the course of the day.

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2. The Petitioner has assailed the order dated 16th February, 2022 passed by the Family Court, Mumbai at Bandra whereby she was directed to deposit Rs.40,000/- towards costs for delay in filing her Written Statement. She has now filed her Written Statement

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Page 1 of 3 19th August 2023

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10-ASWP-4841-2023.DOC

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after depositing the said amount of Rs.40,000/- in the Family Court, Mumbai at Bandra.

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3. It is the contention of the Petitioner that she resides at Bhiloda in Gujarat and hence, she was unable to attend divorce proceedings in the Family Court in Mumbai at Bandra.

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4. It appears that she had also filed a transfer Petition in the Supreme Court but the same was dismissed, however, with a direction to the husband to bear the expenses of the wife to attend the proceedings in the Family Court at Mumbai.

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5. In the meantime, the Family Court of Mumbai passed an order of “No Written Statement” on 14th September, 2018. It is the case of the Petitioner that she is unemployed and she has also filed a complaint under the Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate Court at Bhiloda in Gujarat in which husband was directed to pay maintenance of Rs.14,000/- per month. However, he has not paid any amount in compliance of that order. The Petitioner says that in fact he had preferred an appeal against the said order in the Gujarat High Court but the appeal came to be dismissed.

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6. Having considered the facts in the present proceeding, I am of the view that since the husband has failed to pay a single rupee to the Petitioner/wife towards maintenance, in compliance with the orders of the learned Metropolitan Magistrate of Bhiloda, the amount of Rs.40,000/- towards cost of delay in filing Written

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Page 2 of 3 19th August 2023

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10-ASWP-4841-2023.DOC

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Statement appears exorbitant. It is well within the jurisdiction of the Family Court to impose appropriate costs for delay in complying with its order, however, in view of the facts in the present case, it will meet the ends of justice if costs are reduced to Rs.20,000/-. The Petitioner/wife is thus permitted to withdraw an amount of Rs.20,000/- from the Family Court. The Written Statement filed by the Petitioner/wife in the Family Court may be taken on record.

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7. The Petition is disposed of, in terms of the above direction.

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(Neela Gokhale, J)

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Page 3 of 3 19th August 2023

Mrs. Riddhi Trupesh Trivedi Nee Riddhi D/O Hareshbhai Trivedi v. Mr. Trupesh Rajendra Trivedi and Anr.

Case brief

What is this about?

What did the court decide?

Mrs. Riddhi Trupesh Trivedi Nee Riddhi D/O Hareshbhai Trivedi v. Mr. Trupesh Rajendra Trivedi and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

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Coram

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