Held the respondent-husband liable to pay monthly maintenance for minor children at Rs.10,000 plus arrears calculation; order disposed of pending appeal.
Direction to pay Rs.10,000/month maintenance and Rs.2,000/month arrears to Family Court.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Civil Application No.853 of 2013
In
First Appeal No.230 of 2013
(Ku. Manasvee d/o Anand Dharbarde and another, through their mother – natural guardian Dr. Smt. Kavita w/o Anand Dhabarde v. Anand s/o Bhanudas Dhabarde)
Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order
Shri D.C. Chahande, Advocate for Applicants. Smt. P.M. Chandekar, Advocate for Respondent.
Coram : Smt. Vasanti A. Naik & V.K. Jadhav, JJ. Dated : 7th July, 2014
By this civil application, the applicants seek a direction to the respondent-husband to pay a sum of Rs.10,000/- per month for the minor children of the parties as per the order of the Family Court. The applicants further seek a direction to the respondent-husband to pay enhanced maintenance at the rate of Rs.20,000/- per month.
On hearing the learned counsel for the parties and on perusal of the judgment of the Family Court as also the fact that the respondent-husband was paying a sum of Rs.10,000/- towards the maintenance of the minor children during the pendency of the petition
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before the Family Court, it would be necessary to direct the respondent-husband to regularly pay a sum of Rs.10,000/- towards maintenance of the minor children during the pendency of this appeal. It appears that the minor children are residing with their mother, who is admittedly working as a Professor in the Government Medical College and is earning a handsome salary. In the facts of the case, specially considering the fact that the respondent-husband is working as a Contractor and has no fixed income, ends of justice would be met if the respondent-husband is directed to pay a sum of Rs.10,000/per month for the minor children regularly during the pendency of this appeal. Since the appeal was filed only in the month of February 2013, the minor children would not be entitled to maintenance pendente lite for the month of January 2013. The respondent-husband has paid a sum of Rs.1,00,000/- to the minor children for the period commencing from February 2013. Hence, the respondent-husband would be in arrears of maintenance of Rs.70,000/- till June 2014.
In view of the aforesaid, the civil application is disposed of with a direction to the respondent-husband to pay monthly maintenance for the children at the rate of Rs.10,000/- regularly from July 2014 and also pay a sum of Rs.2,000/- per month towards arrears of maintenance for the period from December 2013 till June 2014. Hence, the respondent-husband would be liable to pay a sum of Rs. 12,000/- per month to the minor children, which would be inclusive of the arrears of maintenance at the rate of Rs.2,000/- every month, with effect from July 2014. The said amount should be deposited by the respondent-husband in the Family Court on or before the fifteenth
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of every month.
With the aforesaid observations, the civil application is disposed of.
Judge Judge
pdl
Ku. Manasvee d/o Anand Dharbarde and another
Anand s/o Bhanudas Dhabarde
Vasanti A. Naik
V.K. Jadhav
As recorded by the court registry
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