Amit Shriram Patnurkar v. Vushali Amit Patnurkar @ Vrushali Vdyadhar Pimparkar
Case brief
What is this about?
Maintenance — S.125 CrPC — date of commencement of maintenance — date of application versus date of order — Rajnesh v. Neha mandate followed — ex parte proceedings after service — adequate opportunity — wilful abstention — remand refused — dismissal in default and restoration — continuation of proceedings — merger of orders — quantum — 25% of salary — adverse inference — non-filing of assets and liabilities affidavit — 5% enhancement every two years — Rakhi Sadhukhan v. Raja Sadhukhan — Family Court Jalna — revision partly allowed — arrears deposit — execution stay.
What did the court decide?
Revision application partly allowed; clause (ii) of the Family Court, Jalna judgment dated 26.07.2024 modified — the applicant/original respondent to pay maintenance of ₹ 7,500/- per month to each respondent (instead of ₹ 10,000/- p.m. each) from the date of the application, i.e. 05th January 2017, with a 5% increase after every two years; applicant to deposit entire arrears before Family Court, Jalna within eight weeks in two equal instalments adjusting amounts already paid; stay application disposed; execution proceedings stayed for four weeks, extendable for a further four weeks upon deposit of 50% arrears, failing which respondents may execute.