Own Petition vs Mehul Jagdish Trivedi
2023 Latest Caselaw 9592 Bom

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      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               IN ITS INSOLVENCY JURISDICTION
           INSOLVENCY PETITION (L) NO. 13250 OF 2023
Mehul Jagdish Trivedi                         ..... Petitioner (Debtor)

        VERSUS

Manisha Mehul Trivedi                         ..... Respondent (Creditor)
Mr.Jamshed Master for the Petitioner.

Mr. Dushyant Purekar for the Respondent.

Ms.M.R.Parkar, Insolvency Registrar Present.
                                       CORAM: ABHAY AHUJA, J.

                                       DATE      : 12th SEPTEMBER, 2023

P.C:-

This matter has been heard for some time. Mr. Jamshed Master,

for the petitioning debtor has concluded his submissions in support of

the application to declare the applicant as an insolvent.

2. Mr.Purekar, learned counsel for the wife is objecting to this

application on the ground that the application is not maintainable.

Learned counsel has taken this Court through a number of decisions to

submit that even if the husband is declared as insolvent, he still is duty

bound to maintain his wife. However, on the issue of maintainability of

the insolvency petition on the basis of the judgment passed by the

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30 - INPTL 13250 OF 2023.doc

Family Court in a petition filed by the wife for maintenance under

section 125 of the Code of Civil Procedure, 1973, Mr. Purekar, seeks

some time to furnish supporting decisions. Accordingly, at his request,

list on 17th October, 2023.

3. Let learned counsel for the parties furnish supporting judgments

with an advance copy to the other side.

4. Ad-interim order dated 9th June, 2023 stands modified to the

extent that the petitioning debtor will pay an amount of Rs.10,000/- per

month to the wife.

5. Let the parties also continue to explore possibility of amicable

settlement in the meanwhile.

6. Liberty to mention.

[ABHAY AHUJA, J.]