Mrs Richa Rohit Bajaj vs Mr Rohit Bajaj on 11 August, 2017

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 11th DAY OF AUGUST 2017

BEFORE

THE HON’BLE Dr.JUSTICE VINEET KOTHARI

WRIT PETITION No.52834/2016 (GM-FC)

BETWEEN:

Mrs. RICHA ROHIT BAJAJ
W/O Mr. ROHIT BAJAJ
AGED ABOUT 33 YEARS
C/O – Mr. AMIT AGARWAL
Mr. NITIN AGARWAL
FLAT No. C-604, HINDUJALAKE FRONT ESTATE
OPPOSITE BGSNPS SCHOOL
AND HULIMAVI POLICE STATION
CAVE TEMPLE ROAD, HULIMAVU
BANNERGHATTA ROAD
BANGALORE-560076.
…PETITIONER
(BY SRI. LAXMIKANT K.B., FOR
SRI. HARIKRISHNA S. HOLLA, ADV.)

AND:

Mr. ROHIT BAJAJ
S/O ARUN DEVI BUTT BAJAJ
AGED ABOUT 39 YEARS
801, 802-A WING
MUKATNAGAN BUILIDING
UPPER GOVIND NAGAR
KAILASPURI ROAD, MALAD EAST
MUMBAI-400097.
…RESPONDENT
(BY SRI. ARUN GOVINDARAJ, FOR
SRI. L. GOVINDRAJ, ADV.,)
Date of Order 11-08-2017 W.P.No.52834/2016
Mrs. Richa Rohit Bajaj Vs. Mr. Rohit Bajaj

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THIS W.P. IS FILED UNDER ARTICLES 226 227 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT
OR ORDER DIRECTING RESPONDENT TO DEPOSIT THE
ARREARS OF MAINTENANCE AS DIRECTED BY THIS HON’BLE
COURT TO THE PETITIONER TO PAY ARREARS OF
MAINTENANCE OF Rs.2.70,000/- AS ON AUGUST 2017
(ANNEXURE-H) ETC.,

THIS W.P. COMING ON FOR PRELIMINARY HEARING IN ‘B’
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

Mr. Laxmikant K.B., Adv. for Mr. Harikrishna S. Holla,
Adv. for Petitioner
Mr. Arun Govindaraj, Adv. for
Mr. L. Govindraj, Adv. for Respondent

1. The petitioner-wife has filed this petition under

Article 227 of the Constitution of India seeking

clarification of the order passed by the co-ordinate

bench of this Court on 04.12.2015 in

W.P.No.39610/2014 (Rohit Bajaj vs. Richa Rohit

Bajaj) . The said order is quoted below for ready

reference:-

“ORDER

The petition is filed by the husband
questioning an order of interim maintenance
Date of Order 11-08-2017 W.P.No.52834/2016
Mrs. Richa Rohit Bajaj Vs. Mr. Rohit Bajaj

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granted in favour of the respondent in a sum of
Rs.30,000/- per month. This Court by way of an
interim measure, had directed payment of
Rs.20,000/- as against the order of the Family
Court. The petitioner however had fallen into
arrears. Therefore, he was directed to pay the
arrears upto date. It now transpires that the
petitioner has deposited a sum of Rs.1,87,700/-

before the Family Court, which the respondent is
permitted to withdraw.

2. Since the petition for divorce is said
to be pending before the Family Court, it would be
appropriate if the petitioner continues to pay a
sum of Rs.20,000/- per month as interim
maintenance, subject to the final orders of the
Court as regards the alimony or maintenance, as
the case may be, dependant on the finality of the
petition for divorce.

3. Since the respondent complains that
the petitioner has not deposited the entire
arrears, if that be so, the petitioner is granted four
weeks’ time to deposit the entire arrears and he
shall continue paying the sum of Rs.20,000/- per
month, regularly. If there is any default, the
petitioner shall be bound to pay Rs.30,000/- per
month instead of Rs.20,000/- per month, from the
date of default”.

Date of Order 11-08-2017 W.P.No.52834/2016
Mrs. Richa Rohit Bajaj Vs. Mr. Rohit Bajaj

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2. On the last occasion dated 26.07.2017, after

hearing both the learned counsels, this Court passed

the following order:-

“1. The learned counsel for Respondent –
Husband submits that the Bank Account details
of the petitioner-wife may be furnished to the
Respondent’s counsel and On-line payment of the
arrears of Maintenance dues will be made by the
Respondent – Husband. According to petitioner-
wife, arrears of dues run upto Rs.4,10,000/-,
whereas, this amount is disputed by the learned
counsel for the Respondent-husband, who
submits that the amount is lesser.

2. The Respondent- Husband may also file
a statement of dues according to the Respondent –
husband and clear-off all the arrears of dues
according to the Respondent – Husband by On-
line payment to the petitioner’s Bank Account by
the next date and furnish a Report with proof of
payment, failing which the Respondent –
Husband will remain present before this Court on
the next date.

Put up after two weeks, on 11-08-2017″.

Date of Order 11-08-2017 W.P.No.52834/2016
Mrs. Richa Rohit Bajaj Vs. Mr. Rohit Bajaj

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3. Today, the learned counsel for the Respondent-

husband has filed a memo before this Court that after

the said order passed by this Court on 26.07.2017, the

Respondent-husband has further paid a sum of Rs.1

lakh. The said memo is placed on record and a copy of

the same has been supplied to the learned counsel for

the petitioner.

4. The learned counsels at the bar have also

brought to the notice of the Court that both the parties

have filed separate divorce petition before the 5th Addl.

Family Court, which are pending in M.C.No.1164/2014

and M.C.No.1590/2013 in the same Court. It is also

stated at the bar that for execution of the said interim

maintenance granted by the Family Court, the

Execution Petition No.52/2014 field by the petitioner-

wife is also pending before the same Court.

5. The issue involved in the present case is only

about the interim maintenance.

Date of Order 11-08-2017 W.P.No.52834/2016
Mrs. Richa Rohit Bajaj Vs. Mr. Rohit Bajaj

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6. In the circumstances of the case, the present

petition is disposed of giving the petitioner-wife a liberty

to seek the execution from the same Court, where the

aforesaid Execution Petition No.52/2014 is pending

and in the circumstances of the case, the learned Court

below is requested to consolidate the trial of both these

divorce petitions as aforesaid and dispose of the same

together as expeditiously as possible.

7. With these observations, the petition is

disposed of. The learned Court below may also explore

the possibility of settlement between the parties. No

costs.

Sd/-

JUDGE

Srl.

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