Bombay High Court Directs Listing of Family Court Appeals After Arrears of Maintenance Cleared. The court ordered placement of matters on board for hearing after appellant cleared all maintenance arrears.

High Court: Bombay High Court Bench: BOMBAY
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Case Note & Summary

The Bombay High Court, in Family Court Appeal Nos. 78/2012 and 77/2012, heard the parties on June 22, 2018. The appellant, Sanjaykumar s/o Mewaram, through his counsel Mr. A. S. Khandeparkar, submitted that all arrears of maintenance had been cleared. This submission was accepted by the respondent's counsel, Mrs. Sharmila U. Deshmukh. Consequently, the court directed the office to place both matters on the weekly board commencing from July 23, 2018, for hearing as per their turn. The bench consisted of Justices K.K. Tated and B.P. Colabawalla. The order was uploaded on June 25, 2018.

Headnote

A) Family Law - Maintenance - Arrears Clearance - The appellant submitted that all arrears of maintenance have been cleared, which was accepted by the respondent. The court directed the office to place the matters on board for hearing. (Paras 1-2)

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Issue of Consideration

Whether the appeals should be listed for hearing after clearance of maintenance arrears

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Final Decision

Office directed to place both matters on board in weekly board commencing from 23.07.2018 for hearing as per their turn

Law Points

  • Maintenance arrears cleared
  • matter to be listed for hearing
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Case Details

2018 LawText (BOM) (06) 117

Family Court Appeal Nos. 78/2012 and 77/2012

2018-06-22

K.K. Tated, B.P. Colabawalla

Mr. A. S. Khandeparkar with Shilpa A. Joshi for the Appellant, Mrs. Sharmila U. Deshmukh for the Respondent

Sanjaykumar s/o. Mewaram

Anju Lata Kumar

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Nature of Litigation

Family Court Appeals against orders regarding maintenance

Remedy Sought

Appellant sought listing of appeals after clearing maintenance arrears

Filing Reason

Appeals against family court orders

Issues

Whether the appeals should be listed for hearing after clearance of maintenance arrears

Submissions/Arguments

Appellant submitted that all arrears of maintenance have been cleared; respondent accepted the same

Ratio Decidendi

Once maintenance arrears are cleared, the appeals should be listed for hearing

Judgment Excerpts

The learned counsel for the Appellant submits that they have already cleared all arrears of maintenance. Same is accepted by the learned counsel for the Respondent. Hence, office is directed to place both these matters on board in weekly board commencing from 23.07.2018, for hearing, as per their turn.

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High Court Bombay High Court Directs Listing of Family Court Appeals After Arrears of Maintenance Cleared. The court ordered placement of matters on board for hearing after appellant cleared all maintenance arrears.