(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/