Mr. Shevant Yashwant Kamble vs Mrs. Madhumathi Shevant Kamble
2021 Latest Caselaw 10517 Bom

                                             3.107.19-fca.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CIVIL APPELLATE SIDE JURISDICTION

           FAMILY COURT APPEAL NO.107 OF 2019
                          WITH
             CIVIL APPLICATION NO.187 OF 2019
                            IN
           FAMILY COURT APPEAL NO.107 OF 2019


Shevant Yashwant Kamble                    ..... Appellant

       Vs.

Madhumati Shevant Kamble                   ..... Respondent


None for the parties


               CORAM:    K.K.TATED &
                         SARANG V. KOTWAL, JJ.

DATED : AUGUST 6, 2021 (In Chamber at 2.00 pm)

P.C.

1 Heard. Office has placed this matter for speaking to the minutes of order dated 08.11.2019. The title of the said order shall be corrected as under:

FAMILY COURT APPEAL NO.107 OF 2019 WITH CIVIL APPLICATION NO.187 OF 2019 IN FAMILY COURT APPEAL NO.107 OF 2019

2 Order dated 08.11.2019 stands corrected accordingly.

Rest of the order shall remain as it is.

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                                                     3.107.19-fca.odt


3      Corrected order dated 08.11.2019, reads thus:

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO.107 OF 2019 WITH CIVIL APPLICATION NO.187 OF 2019 IN FAMILY COURT APPEAL NO.107 OF 2019

Office Notes, Office Court's or Judge's orders Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Ms.Trupti Surve i/b. Mr.Sahil Mahajan, for Appellant.

                          CORAM :            K.K. TATED &
                                             SARANG V. KOTWAL, JJ.
                          DATE          : 08th NOVEMBER, 2019
                          P.C. :

1. Heard learned Counsel for Appellant.

2. By this Civil Application, the Applicant/Husband is seeking stay of operation and implementation of impugned Judgment and Decree dated 04/02/2019, passed by Family Court, Solapur, in Petition No.A-299 of 2017, directing the Appellant to pay sum of Rs.10,000/- by way of maintenance to the Respondent.

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3. Advocate Ms.Trupti Surve submits that in the present proceedings Respondent filed execution application before the trial Court. Hence there is urgency. She submitted that she received instructions from her client that he is ready and willing to pay interim maintenance charges upto November 2019 before the trial Court within two weeks from today.

4. Statement is accepted.

5. Considering the submissions made by learned Counsel for the Applicant and statement made by Advocate for Respondent, following order is passed:

                    (a)      Rule.
                    (b)      Rule    is     made         returnable   on
                    13/12/2019.
                    (c)      In addition to usual mode of service,

the Applicant is permitted to serve the Respondent along with entire proceedings by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before 07/12/2019.

                    (d)      Operation and implementation of


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                                      3.107.19-fca.odt

impugned Judgment and Decree dated 04/02/2019, passed by Family Court, Solapur in Petition No.A-299/17 in respect of payment of maintenance charges to the Respondent/Wife at the rate of Rs.10,000/- per month is stayed till next date on condition that the Applicant/Husband will deposit the entire arrears of maintenance charges upto November 2019 in trial Court on or before 22/11/2019.

(e) Stand over to 13/12/2019.

(SARANG V. KOTWAL, J.)            (K.K.TATED, J.)




Basavraj G. Patil                                       4/4