Shivningappa Ningappa Kulkarni vs Jayashri Shivningappa Kulkarni
2023 Latest Caselaw 217 Bom

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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                 FAMILY COURT APPEAL NO. 75 OF 2022
                                               WITH
                                INTERIM APPLICATION NO. 18465 OF 2022

                      Shivningappa Ningappa Kulkarni           ..Appellant
                           V/s.
SNEHA                 Jayshri Shivningappa Kulkarni            ..Respondent
NITIN                                                ----
CHAVAN
Digitally signed by
                      Mr. Ajit Alange for the Appellant.
SNEHA NITIN
CHAVAN                None for the Respondent.
Date: 2023.01.07
16:33:05 +0530                                       ----
                                              CORAM : R.D.DHANUKA, AND
                                                          M.M.SATHAYE, JJ.

                                              DATE      : 6th JANUARY 2023

                      P.C.

                      .       The appellant husband has impugned the judgment dated

01.08.2022 passed by the Family Court, Solapur allowing the Petition No. A-24/2016 filed by Respondent-wife inter alia praying for restitution of conjugal rights and an order and direction to provide Rs.15,000/- per month to the Respondent/original Petitioner from the date of order till compliance and decree of restitution of conjugal rights under order XXIX Rule 33 of Code of Civil Procedure.

2. It is the case of the Appellant that, the Appellant was already married, prior to the date of the alleged marriage with the

Sneha Chavan page 1 of 2 13 fca 75-22=.doc

Respondent and thus, there was no question of Family Court passing any order for restitution of conjugal rights.

3. Issue notice to the Respondent, returnable on 10.03.2023. Hamdast is permitted. In addition to the court notice, the Petitioner is also permitted to serve the Respondent by private notice, by all permissible modes of services available in law.

4. Till 17.03.2023, the execution, implementation and enforcement of decree dated 01.08.2022 stands stayed.

M.M.SATHAYE, J.                             R.D.DHANUKA, J.




     Sneha Chavan                                              page 2 of 2