Disposed

Ambadas S/O Govindrao Patil v. Pradnya W/O Ambadas Patil

Bombay HC16 Oct 2024CAS/872/2024

Case brief

AI extract

What is this about?

Applicant-husband sought stay of execution of a Rs.20 lakh lump-sum alimony decree pending his second appeal. Relying on Akella Lalitha, the court directed deposit of Rs.5 lakh and granted ad-interim stay, issuing notice and calling for the record.

What did the court decide?

Ad-interim stay in terms of prayer Clause (ii) subject to deposit of Rs.5,00,000/- in court; notice issued to respondent.

Ambadas S/O Govindrao Patil vs Pradnya W/O Ambadas… — Maintenance and Alimony | Bombay HC (2024)

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1 35ca872.24.odt

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

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CIVIL APPLICATION [CAS] NO.872 OF 2024 IN

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SECOND APPEAL NO.264 OF 2024

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[Ambadas s/o Govindrao Patil .vs. Pradnya w/o Ambadas Patil]

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Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Mr. Rajnish Vyas, Advocate for Applicant-Appellant.

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CORAM : SANJAY A. DESHMUKH, J. DATE : 16th OCTOBER, 2024.

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Heard the learned Advocate for the applicant-

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appellant.

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Learned Advocate for the applicant pointed out that the trial court has granted an alimony of Rs.20,00,000/(Rs. Twenty Lacs) lump-sum. He further pointed out that the first appellate court was not given an opportunity to the applicant to produce any evidence for disproving the same. He is relying upon the authority of Mrs. Akella Lalitha .vs. Sri Konda Hanumantha Rao and another, 2022 LiveLaw (SC) 638 , in para 15, observed thus :

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15. Coming to address the second issue, while this Court is not apathetic to the predicament of the Respondent grandparents, it is a fact that absolutely no relief was ever sought by them for the change of surname of the child to that of first husband/ son of respondents. It is settled law that relief not found on pleadings should not be granted. If a Court considers or grants a relief for which no prayer or pleading was made depriving the respondent of an opportunity to oppose or resist such relief, it would lead to miscarriage of justice.”

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2 35ca872.24.odt

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Learned counsel further submitted that there was no prayer in the written statement for granting alimony to her. He pointed out that no contention or prayer was made in the written statement. However, considering the fact that the maintenance of the wife is continuing right and the nonapplicant/wife is getting monthly maintenance of Rs.4,000/(Rs. Four Thousand only), it would be proper to direct the applicant-appellant to deposit Rs.5,00,000/- (Rs. Five Lacs) in this Court.

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Subject to deposit of Rs.5,00,000/- (Rs. Five Lacs) in this Court, there shall be ad-interim stay in terms of prayer Clause (ii).

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SECOND APPEAL NO.264 OF 2024

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Heard. 2. Issue notice to the respondent. 3. Call for record and proceedings. 4. Stand over to 13.11.2024.

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(SANJAY A. DESHMUKH, J.)

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Gulande

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Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 19/10/2024 11:58:24

Ambadas S/O Govindrao Patil v. Pradnya W/O Ambadas Patil

Case brief

What is this about?

What did the court decide?

Ambadas S/O Govindrao Patil v. Pradnya W/O Ambadas Patil

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Cases cited

Parties & counsel

Coram

Case details

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