Bombay High Court
Prashant S/O Anandrao Bawankar vs Jayashree Prashant Bawankar on 20 December, 2023
Bench: Vinay Joshi, M. W. Chandwani
2023:BHC-NAG:17439-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (CAO) NO.1035 OF 2023 IN
FAMILY COURT APPEAL NO.35 OF 2023
Prashant S/o Anandrao Bawankar Vs. Jayashree Prashant Bawankar
__________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri A.A. Bhendarkar, Advocate for applicant/appellant.
Shri O.A. Ghare, Advocate for non-applicant/respondent.
CORAM : VINAY JOSHI &M.W. CHANDWANI JJ.
DATE : DECEMBER 20, 2023.
This is an application seeking stay to the execution
and operation of the order dated 10.02.2023 passed by the
Family Court, Bhandara in Marriage Petition No.4 of 2021.
2. While entertaining this appeal we have passed an
interim order dated 19.08.2023, which runs as below:
"6. In view of the above, we are inclined to pass the
following interim order :
ORDER
i. The execution and implementation of the impugned
judgment and order dated 10.02.2023 passed in
Petition No.A-4/2021 by the Family Court at
Bhandara, is stayed only to the extent of part of
maintenance with a rider that appellant (husband)
shall regularly pay 50% amount of maintenance as
ordered by the Family Court, Bhandara.
7. This interim order shall remain in force, till the
appearance of the other side."
3. In such a background, the stay is sought by submitting
2 902 cao1035.23.odt
that the husband is not in financial position to pay the
arrears of maintenance as ordered by the Family Court. It is
pointed out that already the applicant-husband is paying
interim maintenance @Rs.13,000/- per month in the
proceedings filed by the wife under the provisions of
Protection of Women from Domestic Violence Act, 2005 (DV
Act). The applicant would submit that in pursuance of
interim order of this Court he is paying 50% of the
maintenance awarded by the Family Court i.e. Rs.15,000/-
per month till date. The applicant would submit that as
regards to the arrears are concerned, he is not in position to
pay the arrears. The applicant has attracted our attention to
his salary deductions, personal responsibility etc.
4. Having regard to the all above circumstances and
interim order passed by this Court is not in force, hence, we
are passing fresh order as below:
ORDER
i. The execution and implementation of the
impugned judgment and order dated 10.02.2023
passed in Petition No.A-4 of 2021 by the Family Court,
Bhandara, is stayed only to the extent of part of
maintenance with a rider that appellant (husband)
shall regularly pay 50% amount of maintenance as
ordered by the Family Court, Bhandara and shall
deposit Rs.1,00,000/- (One Lakh Rupees) towards
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arrears within four weeks from today. We are
clarifying that the stay will operate on regular
payment of 50% of the maintenance amount i.e. to
pay Rs.15,000/- per month apart from interim order
passed under D.V. Act.
5. The application stands disposed of in above terms.
(M.W. CHANDWANI, J.) (VINAY JOSHI, J.)
Wagh
