Application by applicant seeking stay of trial court order granting maintenance to respondent. Court allowed stay subject to security deposit of 50,000 rupees.
Stay granted on applicant depositing Rs. 50,000 in the Court within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.179 OF 2014 IN FAMILY COURT APPEAL NO.84 OF 2014 WITH CROSS OBJECTION (ST) NO.29287 OF 2014
Mrs. Kiran Ajit Lakhani
..Applicant.
V/s.
Ms. GirishA Ajit Lakhani
..Respondent.
Mr.Vishal Kanade with Ms.Usha Srivastava i/b. Consulta Juris for the applicant.
Mr.J.M.Puranik for the respondent.
CORAM : SMT.V.K.TAHILRAMANI AND A.K. MENON, JJ.
DATED : 11TH DECEMBER, 2014
P.C. :-
counsel for the respondent. The trial Court by judgment and order dated 12th December, 2013 directed the applicant / appellant to pay maintenance to the respondent at the rate of `3,000/- per month from October, 2006 till 31st December,
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2012 and at the rate of `2,000/- per month from 1st January, 2013 till the respondent gets married or she gets a job. The applicant is seeking stay of this order granting maintenance to the respondent.
1,96,000/- and the said amount has not been paid. He submitted that this is a money decree and hence it cannot be stayed. The learned counsel for the respondent further pointed out that an amount of 3,70,000/- has been spent on the educational course undertaken by the respondent Girisha which is admitted by the other side. It is an admitted fact that the applicant was working from time to time during the period from October, 2006 to April, 2014. It is further seen that the applicant has been contributing towards2/3
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the expenses of the respondent Girisha from time to time. It is also an admitted fact that Shri Ajit, the father of respondent Girisha is also getting more than 20,000/- from his pension and some further amounts from other sources. The respondent is residing with her father. Looking to all these facts, we are of the opinion that in the interest of justice, stay can be granted to the impugned order subject to the condition that the applicant deposits 50,000/- in this Court.
(A.K.MENON, J.) (SMT.V.K.TAHILRAMANI, J.)
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2 issues framed by the court
Whether to stay the order granting maintenance to the respondent.
Whether conditions should be imposed on granting stay.
Mrs. Kiran Ajit Lakhani
Ms. GirishA Ajit Lakhani
V.K.Tahilramani
A.K.Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court