Allowed

Vijay Shivaji Kanwade v. Seema W/O. Vijay Kanwade and Others

Bombay HC7 Sept 2023WP/515/2023

Case brief

AI extract

What is this about?

Single-judge Supreme Court allowed the petitioner to withdraw the third-party civil writ petition to file an appeal under Section 29 of the D.V. Act. The Court also permitted the respondent to withdraw the deposited amount subject to the appeal's outcome.

What did the court decide?

Leave granted to petitioner to withdraw petition for filing appeal; respondent permitted to withdraw deposited amount subject to appeal.

Vijay Shivaji Kanwade Vs Seema W/O. Vijay Kanwade and… — Matrimonial and Divorce | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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928 CRIMINAL WRIT PETITION NO.515 OF 2023

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VIJAY SHIVAJI KANWADE
VERSUS

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SEEMA W/O. VIJAY KANWADE AND OTHERS

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Advocate for Petitioner : Mr. K. N. Shermale
Advocate for Respondents No.1 & 2 : Mr. V.Y. Bhide

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CORAM : R. M. JOSHI, J.
DATE : SEPTEMBER 07, 2023

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PER COURT :

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.During the course of hearing, learned counsel for the
petitioner seeks leave to withdraw petition for filing appeal under
Section 29 of the Domestic Violence Act (for short, ‘D.V. Act’) against
impugned order dated 04.02.2023 passed by Judicial Magistrate First
Class, Akole below Exh.31 in Criminal M.A. No. 339 of 2018.

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2.Having regard to the provisions of Section 29 of the D.V.
Act, leave granted.

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3.Interim order passed by this Court to continue for the
period of one month from today.

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4.Learned counsel for the respondent makes an oral

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request for withdrawal of amount deposited by the petitioner
pursuant to the order dated 11.04.2023 passed by this Court.
Learned counsel for the petitioner submits that the respondent is not
entitled for the said amount.

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5.This Court is not expected to go into the merits of the
case as leave is already granted to the petitioner to file appeal against
the impugned order. Suffice it to say that since the proceeding
concerned is in respect of the matrimonial dispute, this Court finds it
just and necessary to allow respondent no.1 to withdraw the amount
deposited by the petitioner before this Court along with interest
accrued thereon.

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6.The said withdrawal would be subject to the decision of
the appeal.

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7.Needless to state that order passed by this Court will not

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affect the merits of the appeal.

¶18

 [ R. M. JOSHI ]
JUDGE

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GGP

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Vijay Shivaji Kanwade v. Seema W/O. Vijay Kanwade and Others

Case brief

What is this about?

What did the court decide?

Vijay Shivaji Kanwade v. Seema W/O. Vijay Kanwade and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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