Mr. Mithun S/O Mohanrao Salunkhe vs Sau. Priyanka W/O Mithun Salunkhe
2023 Latest Caselaw 4819 Bom

                                                    1                                    7.fca.1.2023

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

                           FAMILY COURT APPEAL NO.1 OF 2023
                                   Mr. Mithun s/o Mohanrao Salunkhe
                                                  ..vs..
                                   Sau. Priyanka w/o Mithun Salunkhe
---------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                               Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
                                  Ms. Ayushi Dangre, Advocate h/f Shri Akhtar Nawar, Advocate
                                  for the appellant.
                                  Ms. S.H. Bhatia, Advocate for the respondent.


                            CORAM : VINAY JOSHI AND BHARAT P. DESHPANDE, JJ.

DATED : 04/05/2023.

Heard.

2. Learned Counsel appearing for the respondent has point out that the appellant husband has not complied the order of this Court dated 13.04.2023 whereby we have noted the undertaking of appellant husband to deposit Rs.50,000/- within one week.

3. Admittedly, the said amount has not been deposited.

4. Learned Counsel for the respondent-wife would submit that despite the order of the Family Court of paying maintenance at the rate of Rs.15,000/- per month, nothing has been paid till date. It is also stated hat the appellant husband is serving as an Assistant Section Officer in the Mantralaya having salary to the tune of Rs.1 lakh per month, still he is avoiding to pay the amount.

5. True, this Court has stayed the impugned

2 7.fca.1.2023

judgment granting divorce along with maintenance, but the appellant should have obeyed his undertaking. In short, the husband has not paid any amount in the proceedings. We see no reason to stay the part of the impugned judgment and order to the extent of grant of maintenance, therefore, we hereby modified our order of stay, which shall remain in force to the extent of decree of divorce only.

6. We direct the appellant to deposit sum of Rs.50,000/- on or before 12.05.2023 in the Family Court, Buldhana, failing which this Court will consider to dismiss the appeal for want of compliance of orders of this Court. After deposit of the amount, the Family Court shall permit the wife for withdrawal.

7. Place the matter for further consideration on 08.06.2023.

(BHARAT P. DESHPANDE, J.) (VINAY JOSHI, J.) Trupti