Allowed

Mayank S/O Chandrashekhar Yadav v. Supriya W/O Mayank Yadav

Bombay HC9 Jul 2024WP/446/2024

Case brief

AI extract

What is this about?

The High Court disposed of two criminal writ petitions challenging a non-bailable warrant and an order directing payment of home loan installments and interim maintenance. The court set aside the non-bailable warrant, directed the petitioner to deposit Rs.3.90 lakhs within two months, and reserved the main matters for decision on merits.

What did the court decide?

Non-bailable warrant issued against the petitioner was set aside. The petitioner was directed to deposit Rs.3,90,000 within two months.

Mayank S/O Chandrashekhar Yadav vs Supriya W/O Mayank… — Maintenance and Alimony | Bombay HC (2024)

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2024:BHC-NAG:12632

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10 cr wp 446.24. odt + another.odt

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

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CRIMINAL WRIT PETITION NO. 446 OF 2024

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Mayank s/o Chandrashekhar Yadav Age : 40 years, Occu : Advocate, R/o 201, Mangalmurti Apartment, Sumangal Vihar, Near Latamangeshkar Hospital, Hingna, ... PETITIONER Nagpur

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// V E R S U S //

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Supriya W/o Mayank Yadav, Aged : 37 years, Occu : Private, R/o. Flat No. 404, Wingh –F, Phase-I, Pioneer Woods, Wanadongari, Opposite to Y.C.C.E. College, Hingna, Nagpur Office : HDFC Bank Branch, Agri. Loan Department, 204, Shankarnagar Square, Dharampeth Extension, Shivaji Nagar, Nagpur – 440 010 ...RESPONDENT ----------------------------------------------------------------------------------------------Mr Mahesh Rai, Advocate for the petitioner. Mr. S.R. Ghate, Advocate for the respondent.

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----------------------------------------------------------------------------------------------WITH

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CRIMINAL WRIT PETITION NO. 334 OF 2024

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Mayank s/o Chandrashekhar Yadav Age : 40 years, Occu : Advocate, R/o 201, Mangalmurti Apartment, Sumangal Vihar, Near ... PETITIONER Latamangeshkar Hospital, Hingna, Nagpur

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// V E R S U S //

...RESPONDENT

Mr Mahesh Rai, Advocate for the petitioner in both petitions. Mr. S.R. Ghate, Advocate for the respondent in both petitions.

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CORAM : G. A. SANAP, J. DATE : 12.11.2024 O R A L J U D G M E N T :

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Heard learned Advocates for the parties.

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Both these petitions can be disposed of by common order. In writ petition No.334 of 2024 the order dated 05.02.2024 with regard to the issuance of non-bailable warrant against the petitioner has been challenged. In writ petition No.446/2024, the order directing the petitioner to pay the home loan installments as well as the interim maintenance has been challenged.

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10 cr wp 446.24. odt + another.odt

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As far as the interim maintenance order is

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concerned, learned Advocate for the petitioner submits that till the disposal of the main matter, the petitioner is ready to pay the interim maintenance @ Rs.6,000/-. He submits that the petitioner is ready to clear the arrears, if any, of the interim maintenance.

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As far as the amount of the home loan installment is concerned, it is submitted that out of the home loan of Rs.5,40,000/- (Rs. Five Lakhs and Forty Thousand Only) the petitioner has paid of Rs.1,50,000/- (Rupees One Lakhs and Fifty Thousand Only). It is submitted that the balance amount is Rs.3,90,000/-. Learned Advocate for the petitioner submits that the petitioner is ready to pay the amount of Rs.3,90,000/towards the monthly installment of the home loan within three months.

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10 cr wp 446.24. odt + another.odt

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In my view, some time will have to be granted to

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the petitioner. The petitioner shall deposit the amount of Rs.3,90,000/- (Rupees Three Lakhs Ninety Thousand Only) within two months. It is made clear that as far as the issues involved in the main matter are concerned, the learned Judge shall decide the same on merits. The petitioner shall deposit the amount of Rs.3,90,000/- before the trial Court. The learned Judge considering the period of pendency of the matter, he shall explore the possibility of disposing of this matter expeditiously.

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The order issuing non-bailable warrant against the petitioner is set aside.

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Criminal Writ Petitions stand disposed of in the

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aforesaid terms. Pending applications, if any, stand disposed of.

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(G. A. SANAP, J.)

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manisha

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Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 21/11/2024 11:51:05

Mayank S/O Chandrashekhar Yadav v. Supriya W/O Mayank Yadav

Case brief

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Mayank S/O Chandrashekhar Yadav v. Supriya W/O Mayank Yadav

Case brief

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