Dismissed

Sanjay Pandharinath Vedak v. Prerana Sanjay Vedak

Bombay HC9 Oct 2007CAM/172/2007

Case brief

AI extract

What is this about?

The High Court dismissed an appeal seeking a stay against maintenance orders. Ruling that the appellant claimed inability to pay due to industrial losses, the Court held the existing award suffices for the daughters' education and needs, denying a stay while permitting execution proceedings.

What did the court decide?

Appeal dismissed; no stay granted; parties at liberty to move for settlement.

Sanjay Pandharinath Vedak Vs Prerana Sanjay Vedak — Maintenance and Alimony | Bombay HC (2007)

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rpa

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 :: 1 ::

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION
 CIVIL APPLICATION NO. 172 OF 2007
 IN
 FAMILY COURT APPEAL NO.115 OF 2007

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 .......................................................
 Office Notes, Office Memoranda .
 of Coram, appearances, Court’s .
 Orders or directions and .
 Registrar’s Order Court’s or Judge’s Order
 .......................................................
 Mr.Machindra Patil for the
 appellant.
 Mr.N.B.Shah h/f.Ms.Sonia Miskin
 for the respondent.

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 CORAM : J.N.PATEL AND
 A.A. SAYED, JJ.

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 DATE : 9TH OCTOBER, 2007.

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P.C. :-

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 . This court has made
 repeated attempts to bring about
 reconciliation in the matter and
 an offer was also made from the
 wife’s side that if the sum of
 Rs.10 lacs each is paid in
 lumpsum towards the maintenance
 of the daughters, they would

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 :: 2 ::

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 forego all their other claims by

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 way of settlement. The learned
 counsel for the appellant submits
 that it is beyond the means of
 the appellant to pay a sum of
 Rs.20 lacs as his industrial unit
 is running in losses. Therefore,
 we find that whatever maintenance
 has been awarded by the Family
 Court for their two daughters
 will take care of their
 maintenance, out of which the
 most important aspect is their
 education which has become more
 expensive now a days and for rest
 of the things like food and
 shelter, the mother is already
 taking care of their children who
 are residing with her.
 Therefore, we are not inclined to
 grant any stay in the matter.

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 2. We make it clear that in
 case the appellant fails to pay

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 :: 3 ::

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 maintenance regularly as directed

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 by this Court, the respondent can

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 execute the order of maintenance
 through the Family Court. The
 Civil Application stands disposed
 of.

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 3. Parties are at liberty to
 move the court if there is any
 settlement between them,
 otherwise the appeal to be

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 disposed of in due course.

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 (J.N.PATEL,J.)

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 (A.A. SAYED, J.)

Sanjay Pandharinath Vedak v. Prerana Sanjay Vedak

Case brief

What is this about?

What did the court decide?

Sanjay Pandharinath Vedak v. Prerana Sanjay Vedak

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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