Mahesh Wamanrao Jadhav vs Ujwala Mahesh Jadhav
2022 Latest Caselaw 11050 Bom

                              rsk                            1                    49-IA-ST-8877-21.doc

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION (ST) NO.8877 OF 2021
                                                        IN
                                         FAMILY COURT APPEAL NO.13 OF 2012

                              Mahesh Wamanrao Jadhav                        ...Applicant

                              In the matter between

                              Ujwala Mahesh Jadhav                          ...Appellant
                              vs.
                              Mahesh Wamanrao Jadhav                        ...Respondent

                                                      WITH
                                      INTERIM APPLICATION (ST) NO.8872 OF 2021
                                                        IN
                                         FAMILY COURT APPEAL NO.23 OF 2012

                              Mahesh Wamanrao Jadhav                        ...Applicant-Appellant
                              Vs.
                              Ujwala Mahesh Jadhav                          ...Respondent

                                                              -------
                              Mrs. Sangeeta Shinde i/b Mrs. Seema Sarnaik for the Applicant.
                              Mr. Pradeep Havnur a/w. Ms. Prajakta Jagtap for Respondent.
                              Ms. Leena Patil for Western Railway.
                                                              -------

                                         CORAM        :    NITIN JAMDAR &
           Digitally signed
           by
           RAJESHWARI
RAJESHWARI SUBODH

                                                           SHARMILA U. DESHMUKH, JJ.

SUBODH     KARVE
KARVE      Date:
           2022.10.21
           19:46:23
           +0530




                                         DATED        :    19 OCTOBER 2022.
 rsk                             2                    49-IA-ST-8877-21.doc




P. C. :

Interim Application (St) No.8877 of 2021 is taken out by the Applicant-original Respondent in the Appeal arising out of the judgment and order passed by the Family Court on 13 December 2011. The Family Court had directed the Applicant to pay permanent alimony of Rs.5000/- per month to wife under section 25 of the Hindu Marriage Act, 1955 and either secure accommodation or Rs.7,500/- towards rent. This order was passed on 13 December 2011.

2. Thereafter, in the Appeal the order was passed in Civil Application taken out by the Applicant on 9 August 2019. whereby the amount was increased to Rs.15,000/- and Rs.20,000/- respectively.

3. Now reduction is sought of that amount on the ground that the Respondent has retired from service.

4. Learned counsel for the Appellant submits that if reduction is sought, first order dated 9 August 2019 should be complied with and cannot be unilaterally ignored. According to the Respondent-original Appellant, dues as on 9 August 2019 are to the tune of Rs.5,12,000/-. According to the Applicant- original Respondent the order dated 9 August 2019 has been not complied with in toto.

rsk 3 49-IA-ST-8877-21.doc

5. To a query as to how much amount the applicant will deposit to show bonafides to consider the claim for reduction, the learned counsel for the Applicant on instructions submitted that the Applicant will deposit amount of Rs.2,50,000/- subject to the rights and contentions of the parties.

6. Considering the fact that the Applicant has received post retirement benefit almost to the tune of Rs.23,26,020/- and considering the ensuing Diwali vacation, the sum of Rs.2,50,000/- be deposited in the account of Respondent-Original Appellant (wife) within the period of one week, which the Respondent will be entitled to withdraw.

7. The Application of the original Respondent for reduction will be considered on 23 November 2022.

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