Trupti Rakesh Kolhpaur vs Rakesh Ramchandra Kolhapure
2021 Latest Caselaw 8471 Bom

P.H. Jayani                                                   17 IAST6078.2021.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION (ST.) NO. 6078 OF 2021
                                    IN
                 APPEAL FROM ORDER (ST.) NO. 98849 OF 2020

Trupti Rakesh Kolhapure                                 .... Applicant
           v/s.
Rakesh Ramchandra Kolhapure                             .... Respondent

Mr. Sujeet R. Bugade for the Applicant.
Mr. Rohan P. Surve for the Respondent / Orig. Appellant.


                                    CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 25th JUNE, 2021.

P. C. :-

. The Applicant who is the Respondent in an Appeal from Order,

has filed this Application to direct the Appellant-husband to pay the

interim maintenance as per the order dated 29/10/2020.

2. The Appellant-husband has challenged the judgment dated

11/06/2020 whereby the learned District Judge-1, Ichalkaranji has set-

aside the impugned order dated 01/04/2019 in H.M.P. No.55/2017 and

remanded the matter with directions to give an opportunity to the

Applicant-wife to lead evidence and to decide the issue afresh after

hearing the parties.

P.H. Jayani 17 IAST6078.2021.doc

3. It appears that subsequent to the remand, the Applicant-wife had

filed an Application for interim maintenance which came to be allowed

by order dated 29/10/2020 and the Appellant-husband has been

directed to pay interim maintenance of Rs.12,000/- per month.

4. Learned counsel for the Appellant-husband states that he has

already filed a Review Application on 12/11/2020 (Exhibit-46) in

H.M.P. No.55/2017 before learned Civil Judge, Senior Division,

Ichalkaranji to review the order dated 29/10/2020.

5. It is seen that by order dated 20/01/2021, this Court had stayed

the proceedings of H.M.P. No.55/2017. It is therefore not possible for

the learned Judge to decide the Application. Hence, with consent of

the respective parties, the stay order granted on 20/01/2021 is

modified to the extent that the Trial Court is permitted to decide and

dispose of the Review Application at Exhibit-46 filed by the Appellant-

husband in H.M.P. No.55/2017. Parties are directed to appear before

the Civil Court on 14/07/2021 either personally or virtually, as the case

may be, as per the SOP.

6. Interim Application stands disposed of in the above terms.

(SMT. ANUJA PRABHUDESSAI, J.)