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2023 Supreme(Bom) 435

R. D. DHANUKA, M. M. SATHAYE
Meghna Sanjeev Ranade – Appellant
Versus
Sanjeev Vyankatesh Ranade – Respondent


Advocate Appeared:
For the Appellant :Mr. Pramod R. Arjunwadkar a/w. Mrs. Prabha U. Badadare a/w. Mr.Omkar Nagvekar, Advocates for the Appellant
For the Respondent:Mr. Hitesh P. Vyas, Mr. Tejesh Dande a/w. Mr. Bharat Gadhavi a/w. Mr. Vishal Navale a/w. Mr. Vikrant Khare a/w. Mr. Chinmay Deshpande i/by Mr.Tejes Dande And Associates, Advocates

JUDGMENT :

R.D. DHANUKA, J.

1. Admit.

2. Mr. Vyas waives service for Respondent No.1. Mr. Dande waives service for Respondent No.2. By consent of parties, matter is taken up for final hearing.

3. The Appellant (Decree-holder) has filed this Appeal under Section 19 of the Family Court Act r/w. Section 96 and Order 41 of the Code of Civil Procedure, 1908 whereby impugning the judgment and order dated 24th July, 2015 passed by the Learned Family Court No.5 on Application below Exhibit ‘3’ filed by the Appellant for executing the order passed by this Court in Family Court Appeal No. 85 of 2003.

4. Some of the relevant facts for the purpose of deciding this Appeal are as under.

5. On 8th February, 1993, the Appellant married with Respondent No.1 according to the religious rituals of Hindu Law. On 16th October, 1998, the Appellant initiated the petition for restitution of conjugal rights against Respondent No.1 in the Family Court, Pune bearing PA No. 813/1998. In the said proceedings, Respondent No.1-Husband filed counter claim, inter alia, praying for divorce against the Appellant. On 3rd August, 1999, the Appellant filed application for maintenance in the PA No. 813/1998. The Family Court b

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