Allowed

Lalita Mhalappa Mote v. Mhalappa Bhagwan Mote and Anr.

Bombay HC20 Mar 2023WP/853/2022

Case brief

AI extract

What is this about?

Court applied Apex Court judgment in Rajnesh vs. Neha (2021) to modify high court writ order granting maintenance. Writ petition disposed of with direction to pay arrears from date of application.

What did the court decide?

Writ petition modified to direct respondent to pay maintenance from date of application; arrears to be cleared within one month then one month thereafter.

Lalita Mhalappa Mote Vs Mhalappa Bhagwan Mote and Anr. — Maintenance and Alimony | Bombay HC (2023)

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57-wp-853-2022.doc

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VRJ

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO.853 OF 2022

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Lalita Mhalappa Mote … Petitioner
V/s.
Mhalappa Bhagwan Mote and Anr.
… Respondents

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Mr. Ravindra Chile for the petitioner.
Mr. Vikrant V. Phatate for the respondent No.1.

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Mr. Arfan Saif, APP for the State.

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CORAM:AMIT BORKAR, J.

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DATED:MARCH 20, 2023

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P.C.:

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1.The wife has filed present petition challenging clause (ii) of
order dated 31st March 2021, passed by the learned Additional
Sessions Judge, Solapur granting maintenance to the wife “from
the date of order” till the final decision of the proceeding.

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2.Considering the limited request made by the petitioner, in
view of judgment of the Apex Court in the case of Rajnesh vs.
Neha, reported in (2021) 2 SCC 324, the amount of maintenance
needs to be granted from the date of application till the date of
realization of the amount.

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3.The order passed by the learned Session Judge, therefore,
deserves to be modified to direct the respondent No.1/husband to
pay the amount of maintenance as directed by the learned Session

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57-wp-853-2022.doc

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Judge from the date of application till the date of realization. With
the said modification writ petition stands disposed of. No costs.

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4.The respondent No.1 shall clear 50% of the arrears within
one month and remaining arrears within one month thereafter.

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(AMIT BORKAR, J.)

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Lalita Mhalappa Mote v. Mhalappa Bhagwan Mote and Anr.

Case brief

What is this about?

What did the court decide?

Lalita Mhalappa Mote v. Mhalappa Bhagwan Mote and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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