Disposed

Jaykar Vasant Sutar v. Mira Jaykar Sutar and Anr.

Bombay HC26 Nov 2024WP/3550/2024

Case brief

AI extract

What is this about?

Maintenance default — interim order — Bombay High Court — Jaykar Vasant Sutar v. Mira Jaykar Sutar — Rs. 70,000 of Rs. 1 lakh maintenance deposited — one week's last chance to pay balance — undertaking of 12th July 2024 noted — DV/34/2023 proceedings and non-bailable warrant stayed until 10th December 2024 — Arif S. Doctor, J — Writ Petition No. 3550 of 2024.

What did the court decide?

Interim relief: Petitioner granted a last chance of one week to pay the balance maintenance amount, with the 12th July 2024 undertaking noted; further proceedings in DV/34/2023 (including issuance of

Jaykar Vasant Sutar vs Mira Jaykar Sutar and Anr. — Bombay HC (2024) — LawSathi Research

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52-ASWP-3550-2024.DOC

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Shephali

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 3550 OF 2024

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Jaykar Vasant Sutar Versus Mira Jaykar Sutar & Anr

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…Petitioner

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…Respondents

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Mr Khatri Mohd Adil , with Nazneen Khatri, Tasmiya Memon & Sagar Samel, for the Petitioner.

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Mr VB Tapkir , for Respondent No. 1.

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SHEPHALI SANJAY MORMARE

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Digitally signed by SHEPHALI SANJAY MORMARE Date: 2024.11.28 16:53:42 +0530

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Mr AR Metkari, APP , for Respondent No. 2-State.

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CORAM: ARIF S. DOCTOR, J DATED: 26th November 2024

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PC:-

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Today, when the matter was called out, Learned Counsel for the Petitioner submitted that out of an amount of Rs. 1 Lakhs, which was to be paid towards maintenance, an amount of Rs. 70,000/- has been transferred directly to the bank account of Respondent No. 1.

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Learned Counsel appearing on behalf of Respondent No. 1 confirms this fact. In sofar as the balance amount, Learned Counsel for ht Petitioner seek one week’s time to make the balance payment since it is his contention that the Petitioner is a diabetic patient and in fact has had to have two of his fingers amputated and was operated for this

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Page 1 of 2

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52-ASWP-3550-2024.DOC

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purpose. Learned Counsel for Respondent No. 1 invites my attention to the order dated 12th July 2024 as also order dated 12th November 2024 and points out that the Petitioner had ample time to make the deposit.

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Be that as it may, what is important is the fact that 70% amount has been deposited. Hence, I am inclined to give as a last chance one week’s time to the Petitioner. I am, however, noting the undertaking given to the Court on 12th July 2024 by the Petitioner, consequences of breach of which the Petitioner is to well aware.

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List the mater on 10th December 2024.

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In the meantime, further proceedings in DV/34/2023 are stayed including issuance of a non-bailable warrant until the next date.

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(ARIF S. DOCTOR, J)

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Jaykar Vasant Sutar v. Mira Jaykar Sutar and Anr.

Case brief

What is this about?

What did the court decide?

Jaykar Vasant Sutar v. Mira Jaykar Sutar and Anr.

Case brief

What is this about?

What did the court decide?

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