Manjit Tarkeshwar Misra vs Vedana Manjit Mishra
2023 Latest Caselaw 4412 Bom

                                                        6-WP-528-2023.doc


Shailaja
     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CIVIL APPELLATE JURISDICTION
                WRIT PETITION NO.528 OF 2023
Manjit Tarkeshwar Misra             ] Petitioner
      Vs.
Vedana Manjit Mishra                ] Respondent
                                  .....
Mr. Rohan Mahadik a/w Mr. Sunil Lahane, Ms. Rachana Karad i/b
The Juris Partners, for Petitioner.
                                  .....
                         CORAM : PRITHVIRAJ K. CHAVAN, J.

                               DATE     : 28th APRIL, 2023.
P.C.

1. Issue notice to the respondent returnable on 15th June, 2023.

2. In addition to the Court's notice, the petitioner shall serve the

respondent with private notice and file affidavit of service before

the returnable date.

3. Learned Counsel has invited my attention to the impugned

order dated 17th August, 2022 passed below 'Exhibit 41' by the

learned Civil Judge (Senior Division) Kalyan, thereby rejecting the

application of the petitioner for recalling the order passed by the

same Judge on 23rd November, 2021 below 'Exhibit 39' by which

his defence came to be struck off for not clearing the arrears of

interim maintenance to the tune of Rs.1,90,000/-.

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6-WP-528-2023.doc

4. Learned Counsel for the petitioner submits that the petitioner

had deposited Rs.1,30,000/- out of Rs.1,90,000/-. Since substantial

amount has been deposited, his defence ought not to have struck

off. He invites my attention to an order passed by the Kerala High

Court in the case of Shyju P.K. Vs. Nadeera, 2021 (R) KLJ 530,

especially paragraph 7 and submits that in view of the ratio laid

down in the said judgment, neither an opportunity was given to the

petitioner-husband to show cause as to why his defence should not

be struck off nor there is provision to grant maintenance under the

Hindu Adoptions and Maintenance Act, 1956.

5. In that view of the matter, there shall be ad-interim relief in

terms of prayer clause (b) of the petition which reads thus;

"(b) that pending the hearing and final disposal of the present Writ Petition, this Hon'ble Court be pleased to stay trial Court proceeding being Special Civil Suit No.253 of 2015 which is pending before the Ld. 4th Civil Judge Senior Division, Kalyan".

6. List the petition on 15th June, 2023.

[PRITHVIRAJ K. CHAVAN, J.]

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