Order 2

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.33
1. Perused record. Heard both the sides.
2. The present application is filed by respondent to allow him to lead his
evidence by setting aside the order passed by this court, below Exh.1, on
25.02.2023. It is necessary to mention that without complying the order
dated 25.06.2023, passed below Exh.31, the present application is filed. By
way of this order the respondent was directed to deposit Rs.1 lac towards
arrears of interim maintenance and then permission was granted to him to
cross examine the applicant.
3. Thus, the conduct of the respondent suggests that he want to make the
backdoor entry of his defence. Such a permission can not be granted, as the
substantial amount of interim maintenance granted is not yet paid. No doubt
for fair trial and considering principles of natural justice the present
application needs to be allowed. However, such permission can not be
granted ignoring the previous directions issued by this court which will have
an effect of clear disobedience. Therefore, following order in the interest of
justice -
ORDER
a. The application is allowed in the interest of justice subject to payment
of Rs.1,00,000/- towards arrears of maintenance, on or before 31.10.2023.
b. If respondent failed to comply above condition, application is deemed
to be rejected and it is clarified that judgment may be pronounced after
31.10.2023, as arguments are already on record.
MUMBAI (KOMALSING RAJPUT)
DATE – 25.09.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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