Shri Vijaykumar Uttam Gosavi vs Sau. Sandhya Vijaykumar Gosavi
2021 Latest Caselaw 10860 Bom

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

                                Civil Application (CAS) No.337/2021
                                                  IN
                                      Second Appeal No.36/2020
                 Shri Vijaykumar Uttam Gosavi Vs. Sau. Sandhya Vijaykumar Gosavi
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                               Court's or Judge's Orders
or directions and Registrar's orders.
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                 Shri P.S. Sadavarte, Advocate for the Appellant.
                 Shri R.G. Kavimandan, Advocate for the Respondent.

                 CORAM : S.M. MODAK, J.

DATE : 11th AUGUST, 2021.

Heard both the sides.

02] This is the husband's second appeal against the judgment of the first Appellate Court. The appellant-husband was successful before the matrimonial Court and he got divorce decree. However, it was reversed by the first Appellate Court. Now, the appellant is seeking direction to the trial Court to allow the appellant to withdraw Rs.2,00,000/-. He has deposited that amount as per the decree of the matrimonial Court. His grievance is that the first Appellate Court while allowing the appeal has omitted to give any direction about disbursal of that amount. In addition to that amount, the appellant has also deposited Rs.2,00,000/- in this Court as per the direction dated 23rd January, 2020.

03] The respondent-wife/children has filed the chart showing the arrears of maintenance. There is a direction under Section 125 of the Code of Criminal Procedure, 1973. So also, there is a direction under Section 18 of the Hindu Adoptions and Maintenance Act, 1956

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to pay the maintenance. The total amount of arrears of maintenance comes to Rs.8,90,988/-. The respondent has prayed for issuing direction to the trial Court to adjust this amount towards recovery proceedings. It is opposed on behalf of the appellant as the amount is disputed and this Court cannot transfer that amount to the executing Court.

04] From the record, it seems that the dispute is going on for the last more than 20 years. So, this Court suggested the learned Advocates to avail of the option of settlement. Both the parties submitted that Nagpur will be more convenient to them.

05] Hence, the matter is referred to learned Mediator Shri A.V. Bhide. Both the parties are directed to appear before the learned Mediator on 2nd September, 2021 at 2:00 pm. The appellant is at liberty to press this application in future.

06] The matter be kept on 28th September, 2021.

JUDGE

vijay