Dismissed

Mr. Nandkishore Ghanshyamlal v. Mrs.Priti Nandkishore

Bombay HC2 Feb 2024IA/13160/2023

Case brief

AI extract

What is this about?

The High Court dismissed an interim application filed by a husband seeking a stay on execution proceedings against a maintenance decree. The court held that since the judgment requiring execution was not challenged by the husband, seeking a stay in the appeal filed by his wife was misconceived and had no merit.

What the court decided

AI extract

Mr. Nandkishore Ghanshyamlal Vs Mrs.Priti Nandkishore — Maintenance and Alimony | Bombay HC (2024)

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Digitally signed by AARTI AARTI GAJANAN GAJANAN PALKARDate: PALKAR 2024.02.05 10:54:41 +0530 10.IA.13160.2023.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.13160 OF 2023 IN

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FAMILY COURT APPEAL (L) NO.5646 OF 2020

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Mr. Nankishore Ghanshyamlal	....	Applicant
IN THE MATTER BETWEEN
Mrs. Priti Nankishore	....	Appellant
Versus
Mr. Nankishore Ghanshyamlal	....	Respondent

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Ms Vrushali Kabare, Advocate for Applicant/Appellant.

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Mr. Mehul Jain i/b. Namani Law Associates , Advocate for Respondent-Wife.

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Mrs. Priti Nandkishore, Respondent-Wife is present in Court.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : FEBRUARY 02, 2024

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P. C.

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The above Interim Application is filed by the respondenthusband seeking a stay of the execution proceeding being R.D. No.82 of 2020 filed by the appellant-wife in the Family Court, Bandra, Mumbai for execution of the Judgment and Decree dated 31^st January, 2020 passed by the Principal Judge, Family Court, Bandra,

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Page 1 of 3 FEBRUARY 02, 2024

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Aarti Palkar

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10.IA.13160.2023.doc

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Mumbai in Petition No.A-9 of 2018 till a decision is rendered in Appeal No.313 of 2017 pending in the Court of Sessions, Borivali Division at Dindoshi, Mumbai.

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After hearing the Learned Counsel for the parties, we find that this Interim Application is wholly misconceived. The respondent-husband has not challenged the Judgment and Decree dated 31^st January, 2020 passed by the Principal Judge, Family Court, Bandra, Mumbai in Petition No.A-9 of 2018. He has challenged an Order dated 24^th October, 2017 passed in C.C.No.2600188/DV/2016 by the 26^th Metropolitan Magistrate's Court, Borivali, Mumbai, which granted maintenance of Rs.10,000/(per month) to the appellant-wife; Rs.10,000/- (per month) each of the two children; and Rs.10,000/- (per month) for accommodation (aggregating to Rs.40,000/- per month). That order has been challenged. The respondent-husband has failed to get any stay from that Court. The execution proceedings, namely, R.D.No.82 of 2020, is filed to execute the Judgment and Decree dated 31^st January, 2020 passed by the Family Court, Bandra, Mumbai.

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Once this is the factual situation, and considering that the judgment of the Family Court is not challenged by the respondenthusband, he cannot seek any relief in the appeal filed by the

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Page 2 of 3 FEBRUARY 02, 2024

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Aarti Palkar

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10.IA.13160.2023.doc

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appellant-wife from the said Judgment and Decree.

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In these circumstances, we find no merit in the above Interim Application. It is accordingly dismissed. Purely out of mercy, we do not pass any order for costs.

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This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]

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Page 3 of 3 FEBRUARY 02, 2024

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Aarti Palkar

Mr. Nandkishore Ghanshyamlal v. Mrs.Priti Nandkishore

Case brief

What is this about?

What the court decided

Mr. Nandkishore Ghanshyamlal v. Mrs.Priti Nandkishore

Case brief

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What the court decided

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