Allowed

Pallavi Abhishek Keni v. Abhishek Ashok Keni

Bombay HC15 Oct 2024WP/12691/2024

Case brief

AI extract

What is this about?

Writ petitioner allowed to deposit Rs. 2,000 in Family Court by November 6, 2024, to file a written statement in husband's nullity petition. Contempt petition dismissed as nothing survives.

What did the court decide?

Petitioner permitted to pay Rs. 2,000 to Family Court by 6th November 2024; Contempt petition dismissed.

What the court decided

Pallavi Abhishek Keni vs Abhishek Ashok Keni — Civil Procedure and Limitation | Bombay HC (2024)

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46.12691.24 wpsp.docx

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Iresh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12691 OF 2024

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Pallavi Abhishek Keni

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.....Petitioner

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Vs.

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Abhishek Ashok Keni .....Respondent

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WITH

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CONTEMPT PETITION ST NO. 25638 OF OF 2024

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Abhishek Ashok Keni ….Petitioner

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Vs.

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Pallavi Abhishek Keni ….Respondent

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Ms. Latika Belindage advocate for the petitioner in Writ petition and respondent in Contempt Petition

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Mr. Suresh M. Sabrad a/w Mr. Amey C. Sawant and Ms. Neha Parte for the respondent in writ petition and petitioner in Contempt Petition

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CORAM : GAURI GODSE, J.

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DATE : 15^th OCTOBER 2024

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IRESH MASHAL

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Digitally signed by IRESH MASHAL Date: 2024.11.04 14:43:51 +0530

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ORDER:

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This petition takes an exception to the order dated 2^nd April 2024

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rejecting petitioner’s application to permit her to pay Rs. 2,000/- as a

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condition for filing the written statement.

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This is the corrected order pursuant to speaking to minutes order dated 25^th October 2024

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46.12691.24 wpsp.docx

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Learned counsel for the petitioner submits that this Court vide order dated 8^th March 2024 had granted two weeks time to the petitioner to pay cost of Rs. 2,000/- as directed by the Family Court vide order dated 26^th December 2023. She submits that due to petitioner’s father’s illness, she was unable to pay the cost within time. She further submits that hence, the petitioner filed an application before the Family Court to permit her to pay the cost.

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I have perused the papers. It appears that since this Court had granted two weeks time to deposit the cost, the petitioner’s application was rejected by the Family Court.

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Learned counsels appearing for both the parties have their own grievances and versions about each others conduct. However, I am not inclined to examine the grievances of the parties. Learned counsel for the petitioner submits that she had deposited the cost of Rs. 2,000/- by way of cheque, however, now the cheque has become time barred. She submits that now the petitioner shall deposit cost of Rs. 2,000/- by directly depositing the amount in the Family Court on or before the next date i.e. 6^th November 2024.

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The payment of cost was by way of condition to permit the

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This is the corrected order pursuant to speaking to minutes order dated 25^th October 2024

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46.12691.24 wpsp.docx

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petitioner to file the written statement in respect of petition for nullity filed by respondent-husband.

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Considering the nature of dispute between the parties, the petition is allowed by exercising powers under Article 227 of the Constitution of India. The petitioner is permitted to pay cost of Rs. 2,000/- to the respondent by depositing the same in the Family Court, Mumbai on or before 6^th November 2024.

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CONTEMPT PETITION ST NO. 25638 OF OF 2024:

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Learned counsel for the petitioner in contempt petition submits

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that in view of the order passed in the writ petition, the petitioner does not intend to press this contempt petition.

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I have perused the contempt petition. The contempt petition is filed alleging breach of order dated 8^th March 2024 passed in Writ Petition No. 1536 of 2024.

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In view of order passed by me today in Writ Petition No. 12691 of

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2024, nothing survives to be examined in this contempt petition.

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Contempt petition is therefore dismissed.

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This is the corrected order pursuant to speaking to minutes order dated 25^th October 2024

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46.12691.24 wpsp.docx

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[GAURI GODSE, J.]

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4/4

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This is the corrected order pursuant to speaking to minutes order dated 25^th October 2024

Pallavi Abhishek Keni v. Abhishek Ashok Keni

Case brief

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What the court decided

Pallavi Abhishek Keni v. Abhishek Ashok Keni

Case brief

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What the court decided

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