SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Sou. Sheetal Prashant Aklujkar vs Prashant Prabhakar Aklujkar on 22 June, 2021

Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. Free for one month and pay only if you like it.

4_IA_1263_21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1263 OF 2021
WITH
INTERIM APPLICATION NO.1264 OF 2021
IN
FAMILY COURT APPEAL (ST.) NO.4748 OF 2021

Sheetal Prashant Aklujkar … Applicant / Petitioner
Vs.
Prashant Prabhakar Aklujkar … Respondent

WITH
FAMILY COURT APPEAL (ST.) NO.4744 OF 2021

Mr. Ashok B. Tajane for Applicant / Petitioner.
Mr. Niranjan P. Shimpi for Respondent.

CORAM : UJJAL BHUYAN
PRITHVIRAJ K. CHAVAN, JJ.
DATE : JUNE 22, 2021

P.C. :

Heard learned counsel for the parties.

2. Today we have taken up Interim Application No.1264 of 2021 in
Family Court Appeal (St.) No.4748 of 2021 for consideration.

3. This interim application has been filed by the wife seeking
maintenance during pendency of the appeal before this Court.

4. It is seen that while the petition filed by the husband for
dissolution of marriage by a decree of divorce on the ground of cruelty
was pending before the Family Court, Solapur, an order was passed on
06.09.2016 directing the husband to pay Rs.9,000.00 per month to the
wife and Rs.3,000.00 per month to the minor daughter towards

1/2
::: Uploaded on – 22/06/2021 23/06/2021 05:40:39 :::
4_IA_1263_21.doc

maintenance pendente lite from the date of application.

5. However at the time of passing of the impugned order on
22.01.2021 allowing the petition of the husband, no such order was
passed regarding maintenance.

6. Hence this application for maintenance.

7. Learned counsel for the applicant / appellant submits that the
husband has not even paid the arrear amount as directed by the Family
Court.

8. However, learned counsel for the respondent husband submits that
he has filed a reply affidavit to the interim application. He contends that
the applicant is residing in the bungalow of the applicant’s father in law
i.e., husband’s father at Solapur. Monthly rent of such a bungalow in the
neighbourhood would be around Rs.30,000.00 which is much beyond
the maintenance amount directed by the Family Court.

9. At this stage, learned counsel for the applicant / appellant prays
for time to file rejoinder affidavit though he does not deny applicant /
appellant residing in the bungalow.

10. While we grant time to learned counsel for the applicant /
appellant to file rejoinder affidavit, we would expect that applicant /
appellant would take a reasonable stand in the matter since residing in
the bungalow of her father in law i.e., the husband’s father would be
much more in monetary terms than the quantum of maintenance granted
by the Family Court.

11. Stand over to 06.07.2021.

12. Interim order passed earlier shall continue till then.

(PRITHVIRAJ K. CHAVAN, J.) (UJJAL BHUYAN, J.)
Minal Parab

2/2
::: Uploaded on – 22/06/2021 23/06/2021 05:40:39 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation