Mahendra Thanai Son Of Smt. Geeta ... vs Namita Mahendra Thanai
2021 Latest Caselaw 14092 Bom

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                                                                                 4.FCA.21.2021 .doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                    FAMILY COURT APPEAL NO. 21 OF 2021
                                  WITH
                   INTERIM APPLICATION NO. 2484 OF 2021
                                    IN
                   INTERIM APPLICATION NO.2274 OF 2021
                                  WITH
                    FAMILY COURT APPEAL NO. 21 OF 2021
                                  WITH
                    FAMILY COURT APPEAL NO. 31 OF 2021

Mr. Mahendra Thanai                                          ... Appellant
      Versus
Mrs. Namita Mahendra Thanai                                   ... Respondent

Mr. Manohar Shetty a/w. Adv. Deepika P. Adv. Namita Gadge for the Appellant-husband in FCA/21/2021 Mr. M. J. Nedumpara a/w. Adv. Maria Nedumpara & Mr. Amit Singh i/b. Ms Hooralain Hussin for the Appellant-wife in FCA/31/2021 Mrs. A. A. Purav, AGP for the Respondent-State.

                                     CORAM :           A. A. SAYED &
                                                       S. G. DIGE, JJ

                                     DATED :           29th September, 2021

P.C.:

When the matter was called out in the morning session,

learned Advocate (on record) for the wife submitted that Mr.

Nedumpara has been engaged as Counsel to appear in the matter on

behalf of the wife. Request was made to keep the matter back. When

we asked why the wife is not present in Court despite the order

dated 27th September, 2021, we were told that it is raining heavily in

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4.FCA.21.2021 .doc

Kandivali (West). We made it clear that if the wife is not present in

Court in the afternoon session, we would pass appropriate orders.

2. The matter was thereafter called out in the afternoon session

at 3.00 pm when Mr. Nedumpara appeared on behalf of the wife. We

were informed that the wife is on her way and will be reaching Court

in some time. We therefore kept the matter back.

3. The matter is now called out at 4.30 pm. We record the

presence of the wife in Court.

4. Mr Nedumpara, learned Counsel for the Respondent-wife

submits that the wife has fled Interim Application No. 2601 of 2021

seeking recall of the orders dated 13 th September, 2021 and 24th

September, 2021 and Interim Application No. 2602 of 2021 for stay

of the judgment and order of the Family Court dated 25 th November,

2020.

5. Mr. Nedumpara states that he is not ready with the matter and

seeks time.

6. Only by way of indulgence, we defer the matter. List on 30 th

September, 2021 (HOB), alongwith the IA/2601/2021 and

IA/2602/2021.

          (S. G. DIGE, J.)                             (A. A. SAYED, J.)



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