SHRADDHA HITESH RAIKAR Vs. HITESH DATTARAM RAIKAR

JUDGEMENT

(1.) The Petitioner is taking exception to the order dtd. 6/11/2023, passed below Exhibit 10, in Petition No. A-2646 of 2019, passed by the Family Court No.3 at Bandra Mumbai, thereby rejecting the Application filed by the Petitioner taking objection to the maintainability of the second Petition for Divorce filed by the Respondent-Husband.

(2.) The brief facts of the case are that, the Petitioner and the Respondent got married on 16/12/2011. The Respondent-Husband filed Divorce Petition No. A-842 of 2014. The Petitioner-Wife also filed Petition for restitution of conjugal right, viz., Petition No A-1018 of 2014. A common judgment and decree came to be passed in both the Petitions on 28/7/2017, dismissing the Petition for Divorce filed by the husband and allowing the Petition for restitution of conjugal rights filed by the wife, directing the husband to resume cohabitation within a period of two months.

(3.) The Respondent-Husband did not challenge the dismissal of his Petition for Divorce or even the order granting restitution of conjugal rights. On the other hand, the Petitioner has filed execution proceedings on 9/3/2018, seeking compliance of the order dtd. 28/7/2017, along with maintenance Petition No. C-58 of 2018, for maintenance under Hindu Adoption and Maintenance Act, 1956. The Family Court has allowed her Application for execution, attaching the 1/3 salary of the Respondent till further orders for non-compliance of decree of restitution of conjugal rights. The Employer of the Respondent was directed to deduct 1/3 salary from his account and remit it to the Court by way of Demand Draft and warrant of attachment was accordingly issued vide order dtd. 5/1/2019.