Aniket Subhash Tupe vs Piyusha Aniket Tupe
2022 Latest Caselaw 11671 Bom

                        rsk                         1                       26-IA-3791-20.doc

                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.3791OF 2020
                                                      IN
                                       FAMILY COURT APPEAL NO.86 OF 2022

                        Aniket Subhash Tupe                       ...Applicant-Appellant
                             Vs.
                        Piyusha Aniket Tupe                       ...Respondent

                                                    WITH
                                      INTERIM APPLICATION NO.753 OF 2020
                                                     AND
                                     INTERIM APPLICATION NO.19535 OF 2022
                                                      IN
                                       FAMILY COURT APPEAL NO.13 OF 2020

                        Piyusha Aniket Tupe                 ...Applicant-Appellant
                             Vs.
                        Aniket Subhash Tupe                 ...Respondent

                                                       -------
                        Mr. Abhijit D. Sarwate for Applicant in IA No.3791/2020 and for
                        Respondent in IA No.753/2020.
                        Mr. S. S. Panchpor a/w. Mr. Mayur Jadhav for Respondent.
                                                       -------

                                      CORAM   :    NITIN JAMDAR &
           Digitally
                                                   SHARMILA U. DESHMUKH, JJ.

signed by RAJESHWARI RAJESHWARI SUBODH SUBODH KARVE KARVE Date:

2022.11.18 16:31:29 DATED : 16 NOVEMBER 2022. +0530

P. C. :

rsk 2 26-IA-3791-20.doc

Heard learned counsel for the parties.

2. Interim Application is taken out by both, the Appellant-

husband and Respondent-wife. Application of the Appellant-husband is for reduction of the maintenance and application of Respondent-wife is for enhancement. Interim Application No.19535 of 2022 is taken out by Respondent-wife to direct that the parties should file affidavit of disclosure of assets and liabilities. The learned counsel for the Appellant-husband states that application for stay of the impugned judgment and order be heard. The learned counsel for the Respondent- wife submits that the Appellant-husband is in arrears and therefore stay application should not be heard.

3. The learned counsel for the Appellant-husband submit that the Appellant-husband will deposit amount of Rs.7.5 Lakhs towards arrears which the Respondent-wife be permitted to withdraw and the application for stay be heard.

4. The learned counsel for the Appellant-husband opposes the application for disclosure by parties and submits that the decision of the Hon'ble Supreme Court in the case of Rajnesh vs. Neha & Anr. 1 is not applicable to the present case as the applications are moved in the High Court and evidence would be required.

1Criminal Appeal No.730 of 2020 dated 4 November 2020 rsk 3 26-IA-3791-20.doc

5. Keeping aside the said aspect as to the applicability of the decision to the proceedings in High Court, if applications are supported by documentary evidence in respect of their financial condition, it will aid and assist the adjudication in the applications filed by the parties before us for reduction and enhancement of the maintenance and just decision can be arrived. Leave is accordingly granted to both the parties to annex necessary documents. Amendment to be carried out before the next date. Interim Application No.19535 of 2022 is accordingly disposed of.

6. Appeal and Interim Application Nos.3791 0f 2020 and 753 of 2020 be listed on board on 28 November 2022. The learned counsel for the Appellant submits that the amount of Rs.7.5 Lakhs will be transferred to the account of the Appellant-wife, details of which would be exchanged before the next date.

(SHARMILA U. DESHMUKH, J.) ( NITIN JAMDAR, J.)