The Court found the marriage irretrievably broken, dissolving it and quashing all related proceedings while ordering substantial maintenance support for the wife and children.

JUDGMENT :

Sandeep Mehta, J.

CIVIL APPEAL @ SLP(CIVIL) NO(S). 28311 OF 2024

1. Heard.

2. Leave granted.

3. The appellant¹[Hereinafter, referred to as “appellant-wife”.] and the respondent²[Hereinafter, referred to as “respondent-husband”.] are spouses in acrimony, embroiled in a vicious spate of litigation spanning nearly a decade. In our firm opinion, the actual sufferers of this litigation would be the two minor sons of the parties.

4. The instant appeal is directed against the order dated 4th September, 2024 passed by the High Court of Judicature at Bombay³[Hereinafter, referred to as “High Court”.] in Writ Petition No. 6328 of 2023, whereby the High Court dismissed the writ petition filed by the appellant-wife seeking expeditious disposal of the execution proceedings regarding arrears of maintenance, as infructuous, on the ground that the learned Presiding Officer of the Family Court at Bandra⁴[Hereinafter, referred to as “Family Court”.] had resumed duties.

Brief Facts: -

5. The facts necessary and germane for the disposal of this appeal are noted hereinbelow: -

6. The marriage between the appellant-wife and the respondent-husband was solemnized on 20th January, 2010 according to Hindu rites and subsequently registered under the Special Marriage Act, 1954. Two children (sons) were born from the wedlock, who are currently in the care and custody of the appellant-wife.

7. On account of grave differences and acrimony, the relationship between the parties went sour, leading to their separation on 9th October, 2016.

8. Since the said date, the parties have been living separately. It is the case of the appellant-wife that pursuant to the separation, the respondent-husband eschewed all obligations to support and maintain the appellant-wife and the two minor children.

9. Shortly after the separation, the appellant-wife initiated legal proceedings to secure her residence at the shared matrimonial home, a 3 BHK flat situated at Lokhandwala Complex, Kandivali, Mumbai, by moving an application⁵[Petition No. B-76/2016.], seeking relief in the form of injunction to restrain the respondent-husband from disturbing her peaceful possession over the shared residence. The appellant-wife also moved an application for divorce⁶[Divorce Petition No. A-871/2018.] before the Family Court. The said divorce petition was accompanied by an application for interim maintenance as well.

10. In the meantime, the respondent-husband also filed a separate divorce petition⁷[Petition No. A-2445/2018.] and a petition seeking custody of the children⁸[Petition No. D-36/2017.].

11. The learned Family Court vide order dated 7th January, 2019 allowed the appellant-wife’s prayer for temporary injunction and granted interim relief by directing respondent-husband and his family members not to disturb the appellant-wife’s peaceful possession over the matrimonial ho