The court dismissed the criminal revision application, holding that a compromise between the applicant and wife did not waive the children's right to maintenance and the sum paid was insufficient.
Set-off of Rs. 40,000 was denied; revision application dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 56 OF 2006
Pralhad Sawata Kadam .. Applicant.
vs.
Pinky Pralhad Kadam
& Ors. .. Respondents.
Mr. Vishwanath S. Talkute for Applicant.
Ms. M.M. Deshmukh, APP. for Respondent State.
Coram: J.N. PATEL &,
A.A. SAYED, JJ.
Date: 7TH JUNE, 2007.
P.C.
. Heard
2. The only question raised in this revision
application is that the applicant should be given set
off of a sum of Rs. 40,000/- which he paid in the
settlement with his wife in Petition No. 347 of 1995.
The learned Judge has taken that into consideration and
found that while settling the dispute with her husband
the wife having agreed for a permanent alimony in the
2
sum of Rs. 40,000/- and Rs. 20,000/-, each for the
two children could not have compromised the right of
the children to claim maintenance from their father.
We may add that it was also not in the interest of the
children as at that stage they were too small. It was
a very meagre amount and, therefore, we do not find any
reason to entertain this petition. The same is
dismissed. No order as to costs.
3. Certified copy expedited.
(J.N. Patel, J. )
(A.A. Sayed, J. )
2 issues framed by the court
Whether the applicant should be granted set-off of Rs. 40,000 paid in a marital settlement.
Whether the compromise with the wife compromised the children's right to claim maintenance.
Pralhad Sawata Kadam
Pinky Pralhad Kadam
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court