Mrs. Piyusha Aniket Tupe vs Mr. Aniket Subhas Tupe
2024 Latest Caselaw 6677 Bom

Bombay High Court

Mrs. Piyusha Aniket Tupe vs Mr. Aniket Subhas Tupe on 1 March, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

                                                                21.fca.13.2020.doc



     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
             FAMILY COURT APPEAL NO.13 OF 2020
                            IN
           FAMILY COURT PETITION NO.A 1223 OF 2015


Piyusha Aniket Tupe                                  .. Appellant/
                                                     Org.Respondent

          Versus

Aniket Subhash Tupe                                  .. Respondent/
                                                     Org.Petitioner

                            WITH
                INTERIM APPLICATION.753 OF 2020
                              IN
               FAMILY COURT APPEAL NO.13 OF 2020

                            WITH
              INTERIM APPLICATION NO.1737 OF 2024
                              IN
               FAMILY COURT APPEAL NO.13 OF 2020

                           WITH
           INTERIM APPLICATION (ST) NO.3396 OF 2024
                             IN
              FAMILY COURT APPEAL NO.13 OF 2020

                            WITH
               FAMILY COURT APPEAL NO.86 OF 2022

                            WITH
              INTERIM APPLICATION NO.3791 OF 2020
                              IN
               FAMILY COURT APPEAL NO.86 OF 2022
                                      Page 1 of 3
                                    MARCH 01, 2024
Utkarsh




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                                                               21.fca.13.2020.doc




     Mr.Archit Jayakar a/w Prachi Thakkar i/b Jayakar and
     Partners, Advocates for the Appellant/Applicant-Wife in
     FCA/13/2020 and IA/753/2020 and Respondent in
     IA/1737/2024,  IA(st)/3396/2024,   FCA/86/2022      and
     IA/3791/2020.

     Mr.Abhijit Sarwate a/w Hardev Aidhen, Advocate for
     Appellant/Applicant-Husband        in    IA/1737/2024,
     IA(st)/3396/2024, FCA/86/2022, IA/3791/2020 and for
     Respondent in FCA/13/2020, IA/753/2020.

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

                          DATE         : MARCH 01, 2024

P. C.

1. In the above matters we are informed that the Husband is

in arrears of maintenance as per the order of the Trial Court to the tune

of approximately Rs.24 Lakhs.

2. Mr.Sarwate, on taking instructions from the Husband who

is present in Court, stated that towards these arrears, a sum of Rs.5

Lakhs would be paid into the bank account of the Wife on or before 7 th

March, 2024. He further requested that the matter be kept on next

Friday (8th March, 2024) so that he can inform the Court how the

Husband would clear the balance arrears of Rs.19 Lakhs.

MARCH 01, 2024 Utkarsh

21.fca.13.2020.doc

3. Considering the statement made by Mr.Sarwate, we direct

that an amount of Rs.5 Lakhs shall be deposited in the account of the

Wife on or before 7th March, 2024.

4. We now place the above matter on 8th March, 2024, when

Mr.Sarwate, on taking instructions, shall inform the Court as to how the

Husband proposes to clear the balance arrears of Rs.19 Lakhs and in

what time frame.

5. On or before the next date, the Wife is also directed to

disclose her bank statement [for the period 1 st January, 2019 till date or

from the date of opening of the account whichever is later], which was

missed out in the affidavit filed in this Court as per the judgment of the

Hon'ble Supreme Court in the case of Rajnesh V/S Neha & Anr. (AIR

2021 SC 569).

6. Stand over to 8th March, 2024.

7. 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.]

MARCH 01, 2024 Utkarsh