Ms.Manjiri Mukesh Chaware vs Mr.Mukesh Martand Chaware
2022 Latest Caselaw 9637 Bom

                                 1                  13. FCA 73.21.doc

JPP

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CIVIL APPELLATE JURISDICTION

           FAMILY COURT APPEAL NO. 73 OF 2021
                          with
          INTERIM APPLICATION NO. 4271 OF 2021

Ms. Manjiri Mukesh Chaware              ... Appellant/Applicant

      V/s.

Mukesh Martand Chaware                        ... Respondent

Mr. Nitin P. Deshpande for the Appellant/Applicant
Mr. Hitesh Vyas i/b. Mr. C.V. Yadav for the Respondent

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

DATE : 21 SEPTEMBER 2022 P.C. :-

The learned Counsel for the parties state that the mediator can be appointed between the parties as regards the monetary part of the decree and judgment under challenge.

2. The learned Counsel for the Appellant states that the Respondent is in the arrears. It is also the contention of the Appellant that the Respondent has not paid the charges due to the Co-operative Housing Society where the Appellant resides. This fact is disputed by the learned Counsel for the Respondent. The learned 2 13. FCA 73.21.doc

Counsel for the Respondent states that as per the judgment and order passed by the Family Court, which is under challenge. the Respondent is paying the maintenance regularly and the maintenance granted in the proceedings under the Domestic Violence Act was by way of an ex-parte order without taking into consideration the order passed by the Family Court.

3. The learned Counsel for the Respondent seeks time to take instructions.

4. Stand over to 12 October 2022.

5. By the next date, we expect, the Respondent to clear the arrears under the impugned judgment and decree and the Society maintenance charges, if not already paid, so as to make an atmosphere conducive for mediation.

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

          Digitally signed
          by JYOTI
JYOTI     PRAKASH
PRAKASH   PAWAR
          Date:
PAWAR     2022.09.22
          15:59:06 +0530