Mr. Nandkishore Ghanshyamlal vs Mrs.Priti Nandkishore
2024 Latest Caselaw 3223 Bom

Bombay High Court

Mr. Nandkishore Ghanshyamlal vs Mrs.Priti Nandkishore on 2 February, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

2024:BHC-AS:5399-DB

                                                                       10.IA.13160.2023.doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CIVIL APPELLATE JURISDICTION


                                 INTERIM APPLICATION NO.13160 OF 2023
                                                 IN
                                FAMILY COURT APPEAL (L) NO.5646 OF 2020

               Mr. Nankishore Ghanshyamlal                         ....       Applicant

               IN THE MATTER BETWEEN
               Mrs. Priti Nankishore                               ....       Appellant

                    Versus
               Mr. Nankishore Ghanshyamlal                         ....       Respondent


                    Ms Vrushali Kabare, Advocate for Applicant/Appellant.

                    Mr. Mehul Jain i/b. Namani Law Associates, Advocate for
                    Respondent-Wife.

                    Mrs. Priti Nandkishore, Respondent-Wife is present in Court.


                                           CORAM      : B. P. COLABAWALLA &
                                                       SOMASEKHAR SUNDARESAN, JJ.

                                           DATE       : FEBRUARY 02, 2024

               P. C.

1. The above Interim Application is filed by the respondent-

husband seeking a stay of the execution proceeding being R.D. No.82

of 2020 filed by the appellant-wife in the Family Court, Bandra,

Mumbai for execution of the Judgment and Decree dated 31 st

January, 2020 passed by the Principal Judge, Family Court, Bandra,

FEBRUARY 02, 2024 Aarti Palkar

10.IA.13160.2023.doc

Mumbai in Petition No.A-9 of 2018 till a decision is rendered in

Appeal No.313 of 2017 pending in the Court of Sessions, Borivali

Division at Dindoshi, Mumbai.

2. After hearing the Learned Counsel for the parties, we find

that this Interim Application is wholly misconceived. The

respondent-husband has not challenged the Judgment and Decree

dated 31st January, 2020 passed by the Principal Judge, Family

Court, Bandra, Mumbai in Petition No.A-9 of 2018. He has

challenged an Order dated 24th October, 2017 passed in

C.C.No.2600188/DV/2016 by the 26th Metropolitan Magistrate's

Court, Borivali, Mumbai, which granted maintenance of Rs.10,000/-

(per month) to the appellant-wife; Rs.10,000/- (per month) each of

the two children; and Rs.10,000/- (per month) for accommodation

(aggregating to Rs.40,000/- per month). That order has been

challenged. The respondent-husband has failed to get any stay from

that Court. The execution proceedings, namely, R.D.No.82 of 2020,

is filed to execute the Judgment and Decree dated 31 st January, 2020

passed by the Family Court, Bandra, Mumbai.

3. Once this is the factual situation, and considering that the

judgment of the Family Court is not challenged by the respondent-

husband, he cannot seek any relief in the appeal filed by the

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10.IA.13160.2023.doc

appellant-wife from the said Judgment and Decree.

4. In these circumstances, we find no merit in the above Interim

Application. It is accordingly dismissed. Purely out of mercy, we do

not pass any order for costs.

5. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]

FEBRUARY 02, 2024 Aarti Palkar