Bhasrarrao S/O Wamanrao Bhuibhar vs Sau. Smita Bhaskarrao Bhuibhar ...
2022 Latest Caselaw 4485 Bom

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

               CRIMINAL WRIT PETITION NO. 271/2022
Bhaskarrao Wamanrao Bhuibhar...Versus...Sau. Smita Bhaskarrao Bhuibhar and
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
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                                            Mr. S.Y.Deopujari, Advocate for petitioner.
                                            Mr. I.J.Damle, APP for respondent No.2



                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 27/04/2022

1] Heard Mr. Deopujari, learned counsel for the petitioner.

2] It is submitted that consequent to the order impugned dated 16.1.2021 granting interim maintenance of Rs. 40,000/- to the respondent/wife (page 55), the learned Family Court at Parbhani has granted a decree on 11.2.2022 for restitution of conjugal rights and directed respondent/wife for resuming cohabitation within 60 days. It is contended that thereafter there is no resumption of cohabitation. It is also contended that the decree dated 11.2.2022 for restitution of conjugal rights would have a material bearing upon the impugned order and though it is subsequent in point of time, the impugned order will have to be modified in the light of the judgment dated 11.2.2022 and the consequent conduct of the respondent/wife in not resuming cohabitation, which may 36criwp271.22.odt

make her disentitled to any maintenance on that count, considering which issue notice for final disposal, returnable on 5.5.2022.

3] The applicant to serve the respondent by all modes permissible in law.

4] Learned APP waives notice for Respondent No.2.

5] By way of interim order, the proceedings before the learned Family Court, Akola in E Petition No. 65/2019 shall stand stayed till the returnable date, subject to the condition that all the arrears of maintenance at the rate directed by the impugned order shall stand cleared by that date.

JUDGE Rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:27.04.2022 14:37