Order 1

Order Details: Order Below EX 1
Pdf Text: C. C. No. 43 DV 2018 Swati Vs Sachin and ors.
CNR - MHMM18-003150-2018
ORDER BELOW EXH.31
1. Perused record. Heard both the sides.
2. The present application is filed by respondent to set aside the no cross
order, dated 04.01.2022. It is contended that respondent now appointed fresh
advocate and for proper appreciation of merits the cross examination is
necessary. Ld. Advocate for the applicant objected to it stating that matter is
old. Respondent deliberately avoided the cross examination. The application
is filed with view to protract the matter. Therefore, it shall be rejected.
3. No doubt there appears substance in the submissions of the Ld.
Advocate for the applicant. But the principles of natural justice demands
that cross examination should be there and respondent may be allowed to
put forth his defence. At the same time the fact that matter is old and
respondent is in huge arrears of the interim maintenance can not be ignored.
Balance of interest of both the parties needs to be maintained. Therefore,
following order -
ORDER
a. Application is allowed in the interest of justice subject to payment of
Rs.1,00,000/- towards arrears of maintenance, on or before 31.07.2023.
b. If respondent failed to comply above condition, application is deemed
to be rejected and it is clarified that judgment may be pronounced after
31.07.2023, as arguments are already on record.
MUMBAI (KOMALSING RAJPUT)
DATE – 15.06.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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