Dismissed

Ramesh S/O Govindrao Timase v. Smt. Saraswati D/O Krishnaji Warabhe

Bombay HC19 Jan 2012FA/856/2011

Case brief

AI extract

What is this about?

First Appeal by a retired husband challenging a Family Court order denying reduction of permanent maintenance. The High Court found no change in circumstances as maintenance was granted while the husband was already retired. The case was dismissed with costs.

What did the court decide?

Appeal dismissed; appellant ordered to pay respondent Rs. 5000/ costs payable within four months.

Ramesh S/O Govindrao Timase Vs Smt. Saraswati D/O… — Maintenance and Alimony | Bombay HC (2012)

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FA856.2011

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

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FIRST APPEAL NO. 856 OF 2011

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Shri Ramesh s/o Govindrao Timase V/s. Smt. Saraswati D/o Krishnaji Warabhe

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_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders.

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Mr. G. D. Vaidya, Advocate for the Petitioner Mr. M. R. Johrapurkar, Advocate for the Respondent

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CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ.

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DATED : JANUARY 19, 2012.

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Application under Section 25(2) of the Hindu Marriage Act was filed before Family Court, seeking reduction in monthly amount of permanent maintenance on the ground that after his retirement on 31/01/2005, petitioner has been receiving monthly pension of Rs. 1996/-, hence, it was not possible for him to pay Rs. 1500/- per month as maintenance to the respondent-wife.

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The Family Court has found that monthly pension of appellant/petitioner was Rs. 5543/- and, therefore,

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FA856.2011

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rejected the application. Thereafter, present appeal has been filed contending that as monthly pension of appellant/petitioner is Rs. 1996/- only, and after paying maintenance of Rs. 1500/- to the respondent-wife, the petitioner/appellant is left an amount of Rs. 496/- only.

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Shri. Johrapurkar, learned counsel appearing for the respondent-wife has pointed out that the order dated 05/05/2005 granting permanent maintenance has been questioned in appeal on merits and that appeal is already pending & interim orders are rejected. After that rejection, present application under Section 25(2) of the Hindu Marriage Act for reduction of amount of maintenance came to be filed. He points out that the application is based upon incorrect premise because while granting maintenance of Rs. 1500/- on 05/05/2005, the appellant had already retired.

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After hearing respective counsel, we find that present appellant had retired on 31/01/2005 and hence on 05/05/2005, when monthly maintenance of Rs. 1500/was granted, he was already receiving pension. As such there is no change in circumstances.

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FA856.2011

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Perusal of paragraphs '14' and '15' of the impugned Judgment also reveal that after appreciation of oral and documentary evidence, the Family Court has found that actual monthly pension of present appellant is Rs. 5543/- per month.

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In this view of the order, it is apparent that appellant can be permitted to retain of Rs. 1996/- per month which is being actually claimed by him as his monthly pension & excess of Rs. 3547/-, which he draws can be made over to respondent-wife.

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However, respondent-wife has not filed any appeal before us. Without prejudice to her rights in that respect, we dismiss the present appeal with cost of Rs. 5000/- payable by present appellant to respondentwife within four months from the date of this order.

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JUDGE JUDGE

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Punde

Ramesh S/O Govindrao Timase v. Smt. Saraswati D/O Krishnaji Warabhe

Case brief

What is this about?

What did the court decide?

Ramesh S/O Govindrao Timase v. Smt. Saraswati D/O Krishnaji Warabhe

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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