Aneesha Dutt vs Ashu Dutt
2023 Latest Caselaw 755 Bom

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  vai

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VASANT     Digitally signed by VASANT
                                          CIVIL APPELLATE JURISDICTION
           ANANDRAO IDHOL
ANANDRAO   Date: 2023.01.23 17:36:03
IDHOL      +0530


                              FAMILY COURT APPEAL (STAMP) NO.94606 OF 2020
                                                WITH
                             INTERIM APPLICATION (STAMP) NO.31199 OF 2022

                                             WITH
                           FAMILY COURT APPEAL (STAMP) NO.94608 OF 2020
                                               IN
                           FAMILY COURT APPEAL (STAMP) NO.94606 OF 2020

                                                       WITH
                                         FAMILY COURT APPEAL NO.34 OF 2022
                                                       WITH
                                         FAMILY COURT APPEAL NO.40 OF 2022

                                                WITH
                                  FAMILY COURT APPEAL NO.46 OF 2020
                                                WITH
                             INTERIM APPLICATION (STAMP) NO.93897 OF 2020


              Aneesha Dutt                                                    ...Appellant
                        V/s.
              Ashu Dutt                                                       ...Respondent


              Mr.Mahir Bhatt i/b Mr.Wasim Ansari for the Appellant.

              Mr.Rohan Cama with Ms.Ayushi Anandpara i/b Ms.Sapna Rachure
              for the Respondent in FCA (St.) No.1502 of 2021

                                                   CORAM : R.D. DHANUKA &
                                                           M.M. SATHAYE , JJ.

DATE : 20TH JANUARY, 2023.

P.C. :-

1. Mr.Cama, learned counsel for the Respondent tenders a

903&4-fcast94606-20.doc

copy of the order dated 21st November, 2022 passed by the Division

Bench of this Court directing the parties and advocates to remove all

office objections in several matters, including in the Family Court

Appeals within eight weeks from the date of the said order and further

directed that in case of non-compliance, the proceedings would be

rejected under Rule 986 of High Court (Original Side) Rules, 1980 /

Chapter V Rule 5 of the Bombay High Court Appellate Side Rules,

1960 without further reference to the Court. He further submitted that

there were certain office objections which were not removed by the

Appellant and as a result thereof Family Court Appeal stood

dismissed on 16th January, 2023.

2. Learned counsel for the Appellant states that the office

objections, if any, would be removed within two weeks from today,

without fail and the Family Court Appeal be restored. Mr.Cama does

not have any objection to restoration of the Family Court Appeal on

the condition that, the office objections would be removed within two

weeks from today by the Appellant. Statement is accepted.

3. Family Court Appeal (Stamp) No.94606 of 2020 is restored

to file. The conditional order passed by this Court on 21 st November,

2022 is recalled in so far as this Family Court Appeal is concerned on

the condition that the Appellant removes all the office objections

within two weeks from today. It is made clear that no further

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extension of time would be granted. In the event all the office

objections are not removed within the time prescribed, the order

dated 21st November, 2022 passed by this court to stand restored

insofar as this Appeal is concerned and if removed, office is directed

to place this Family Court Appeal along with connected matters on

the next date.

4. Place these matters on board for hearing and final disposal

on 24th February, 2023. The parties would be at liberty to file brief

proposition of law, synopsis and compilation of judgments which they

propose to rely upon in support of their rival contentions. The parties

are directed to file private paper book containing all pleadings,

documents, including exhibits and roznama within four weeks from

today which can be relied upon by the parties at the time of final

hearing of the Family Court Appeals.

5. Mr.Cama, learned counsel for the Respondent tenders a

copy of the order passed by the Hon'ble Supreme Court in

Miscellaneous Application No.2208 of 2022 in Criminal Appeal No.51

of 2021 filed by the wife - Aneesha Dutt and states that in view of the

Appellant wife not having complied with the order of providing access

of one of the child, who is studying abroad, his client would file an

Interim Application for directions against the Appellant wife before this

Court to comply with the order passed by this Court for providing

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physical interaction to the siblings. If any such Interim Application is

filed by the husband, the same shall be served upon the learned

counsel for the wife. The wife would be at liberty to file an affidavit in

reply within two weeks from the date of service of the Interim

Application that would be filed by the husband. Rejoinder, if any, shall

be filed within one week thereafter.

6. Place the Interim Application on board on 24 th February,

2023.

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