Vikrant S/O Vijay Malshe vs Poonam S/O Vikrant Malshe
2023 Latest Caselaw 3148 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  WRIT PETITION NO.3860/2019

            Vikrant s/o Vijay Malshe Vs. Poonam w/o Vikrant Malshe

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. R.L. Khapre, Senior Advocate for petitioner
                                  Mr. Raju Kadu, Advocate for Respondent


                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 29th MARCH, 2023

1. Heard Shri R.L. Khapre, learned Senior Counsel for the petitioner and Shri Raju Kadu, learned counsel for the respondent.

2. Shri Kadu, learned counsel for the respondent, at the outset, raises a plea that in the impugned judgment dated 03/4/2019, though there is a direction to the petitioner of opening a recurring account in the nationalized bank in the name of minor Viraj for a period of 5 years and to deposit ₹.2,000/- per month, there has been an absence of compliance to this requirement and therefore, the visitation rights stands forfeited.

3. Shri R.L. Khapre, learned Senior Counsel submits, that post the judgment dated 03/04/2019,

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a fixed deposit of ₹.6,00,000/-, has already been made in the name of the petitioner, of which the minor son Viraj is nominee. It is, however, apparent that this is not in compliance with the directions as contained in judgment dated 03/4/2019. Mr. Khapre, learned Senior Counsel, therefore, upon instructions, states that the fixed deposit of ₹.6,00,000/-, shall be converted into the name of minor son Viraj by 3rd April, 2023 and copy thereof would be placed on record.

4. Insofar as the plea raised by Mr. Kadu, learned counsel for the respondent, that the arrears of maintenance has not been paid, it is submitted, that the order of interim maintenance is subject matter of Writ Petition No.7738/2018, in which an amount of ₹.50,000/- has been deposited, apart from this, the learned counsel for the respondent has admitted to have received an amount of ₹.11,000/-. Since the proceedings under Section 13 of the Hindu Marriage Act, in which this order has been passed have already been decided by the judgment dated 04/3/2019, it is obvious that the Writ Petition No.7738/2018 has been rendered infructuous. Mr. Khapre, learned Senior Counsel for the petitioner, upon instructions, makes a statement that the entire arrears upto the date of judgment i.e. 03/4/2019,

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shall be deposited in this Court by 3rd April, 2023, considering which, list the matter on 5th April, 2023.

JUDGE MP Deshpande