Bombay High Court

SAYED RAEES SAYED RAUFversusPARVEEN BANO SAYED RAEES

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

The appeal is partly allowed, directing the appellant to pay the cost of Rs.40,000 in monthly installments of Rs.5,000 before the Family Court.

Summary

The appellant, Sayed Raees Sayed Rauf, appealed to the Bombay Family Court seeking an order that the cost of Rs.40,000 imposed by the lower court be payable in monthly installments of Rs.5,000. The appellant had earlier withdrawn his petition for restitution of conjugal rights. The respondent, Parveen Bano Sayed Raees, agreed to the installment arrangement, noting that the appellant was already paying maintenance. The Court considered whether the cost could be paid in installments and allowed the appeal in part, directing the appellant to deposit Rs.5,000 each month until the full amount is paid. The Court also dismissed the application for stay and disposed of the appeal.

Issues considered

Whether the appellant may be permitted to pay the cost of Rs.40,000 in monthly installments

Subjects

Family Law
Cost
Installment Payment
Restitution of Conjugal Rights
Appeal

Judgment

                                   (1)
                                                  951- F.C.A. 73-2024.odt
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

              FAMILY COURT APPEAL NO. 73 OF 2024
                             WITH
                 CIVIL APPLICATION NO. 3331 OF 2024
                           IN FCA/73/2024

                     SAYED RAEES SAYED RAUF
                                                          ….Appellant
                                 VERSUS

                   PARVEEN BANO SAYED RAEES
                                                     …..Respondent
                                 …..
Advocate for Appellant : Mr. Shakil U. Shaikh
Advocate for Respondent : Mr. G.R. Sayed
                                  …..

                  CORAM :        SANDIPKUMAR C. MORE, &
                                 VAISHALI PATIL-JADHAV, J.J.

                  DATED :        SEPTEMBER 29, 2026

ORDER:-

1.    Heard rival submissions.



2.    The present appeal is filed only to the extent of imposing of cost

amount of Rs. 40,000/- while the present appellant withdrew his

original petition for restitution of conjugal rights before the Family

Court under judgment and order dated 29.12.2023, in petition No. A-

92 of 2021.



3.    Today, the learned counsel for the appellant/husband submitted

that instead of hearing the matter on merits, the appeal can be
                                   (2)
                                                    951- F.C.A. 73-2024.odt
disposed of by allowing the appellant to deposit aforesaid cost amount

of Rs. 40,000/- ( Rs. Forty Thousand only) in monthly installment of

Rs. 5,000/- till the entire realization of the amount.



4.     The learned counsel for the respondent-wife, on instructions,

submits that the said concession of paying amount of Rs. 40,000/- in

installment can be given to the appellant, as he is regularly paying the

amount of maintenance already granted to the respondent-wife.



5.     Under such circumstances, the appeal stands partly allowed

only to the extent of payment of cost amount of Rs. 40,000/-(Rupees

Forty Thousand only) by directing the appellant to deposit the said

amount in monthly installment of Rs. 5,000/- till realization of the

entire amount.



6.     It is made clear that the aforesaid monthly installment be paid

by the appellant/husband before the concerned Family Court.



7.     The application for stay being infructuous stands disposed of.



8.     The appeal is accordingly disposed of.



(VAISHALI PATIL-JADHAV)              (SANDIPKUMAR C. MORE)
      JUDGE                                  JUDGE

YSK/

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