Shamuji S/O Jyotiram Lokhande And ... vs Smt. Sonali Wd/O Sunil Lokhande ...
2021 Latest Caselaw 14803 Bom

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

             FAMILY COURT APPEAL NO.(FCA) NO. 28 OF 2021
                          Shamuji s/o Jyotiram Lokhande and others
                                             VS.
                         Smt. Sonali wd/o Sunil Lokhande and others
Office     Notes,   Office                          Court's or Judge's orders
Memoranda of Coram,
Appearances,       court's
orders or directions and
Registrar's orders
                              Shri Rohit Joshi, Advocate for the appellants.



                                  CORAM :       A.S. CHANDURKAR AND
                                                G.A. SANAP, J.J.
                                   DATE :       08.10.2021



                                        Issue notice to the respondents, returnable on

17.11.2021.

2. The learned Advocate for the appellants took

us through the impugned judgment and order and

pointed out the amount of maintenance quantified by the

learned Judge of the Family Court. Learned Advocate

submitted that the appellants are ready to deposit

Rs.10,00,000/- (Rs. Ten Lakh Only) towards the arrears of

the maintenance within two weeks from today.

3. In the facts and circumstances, the submission

appears to be reasonable for the time being. The

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appellants are accordingly ordered and directed to deposit

Rs.10,00,000/- (Rs. Ten Lakh Only), being amount of

arrears of maintenance, in the Family Court within two

weeks.

4. The learned Judge of the Family Court has

awarded the maintenance at the rate of Rs.35,000/-

(Rupees Thirty Five Thousand Only) per month to the

respondent No.1 and Rs.10,000/- (Rupees Ten Thousand

Only) per month to the respondent No.2.

5. In view of the facts and circumstances and

submissions advanced by the learned Advocate for the

appellants, it would be just and proper to direct the

appellants to pay Rs.20,000/- (Rs. Twenty Thousand

Only) per month to the respondent No.1 and Rs.10,000/-

(Rupees Ten Thousand Only) to respondent No.2 from

October, 2021. The monthly amount, pursuant to this

order must be paid on or before 10th of every month.

6. Learned Advocate for the appellants submits

that the warrant of the execution of the decree has been

issued. Learned Advocate submits that since the

appellants have expressed willingness to deposit

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Rs.10,00,000/- (Rs. Ten Lakh Only) and Court has

directed accordingly, the execution of recovery of warrant

may be stayed.

7. We accordingly, order that since the appellants

have expressed their willingness to deposit Rs.10,00,000/-

(Rupees Ten Lakh Only) within two weeks, no steps be

taken to execute the recovery warrant.

                                     JUDGE                               JUDGE
manisha