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2016 Supreme(Bom) 2092

V.M.KANADE, SWAPNA JOSHI
Suresh Bhandary – Appellant
Versus
Sushma Bhandary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Manoj Prajapati, Mayur Sapkale
For the Respondent: Sonal a/w Filji Fedrick, Yash Choksi, Mr. Ankit Tripathi i/b FF and Associates

JUDGMENT :

V.M. Kanade, J.

The learned counsel for the Appellant has invited our attention to a letter dated 9/10/2015 written by an advocate on record in the Supreme Court, informing him that the Appellant is taking urgent steps for filing an SLP against an order passed by this Court dated 2/9/2016. In the said letter, it is therefore, requested that an adjournment may be taken for hearing of the appeal. It is submitted that Appellant may seek adjournment on this ground.

2. In our view, so far as order dated 2/9/2016 is concerned, we had already granted leave to the wife to file an application seeking enhancement of maintenance. We had made it clear to both the parties that we do not propose to hear an application for enhancement of maintenance, and that we would like to hear the main appeal first.

3. This is a peculiar case where the husband is not ready to give divorce, though consent terms were filed and practically Respondent/wife had almost agreed to all the terms and conditions, which are imposed by the husband, because she had no other option but to do so. The wife, therefore, did not claim custody of the son or even access, since he is almost 16 years of age and very soon he w



















































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