In this civil application regarding matrimonial disputes, the High Court rejected the applicant's prayers. The request for access to the son was dismissed as he had attained majority. The request to lift the restraining decree was denied as it remained operational, while the maintenance prayer was not addressed due to lack of merit.
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.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELATE JURISDICTION
CIVIL APPLICATION NO.241 OF 2010 IN
FAMILY COURT APPEAL NO.43 OF 2009
Shri Stany Goveas
vs.
Mrs.Nancy Goveas
...Applicant
...Respondent
Mr.S.J.Rego i/b Noram Joseph D'Monte for the
applicant
Ms Susan Abraham i/b T.Parakkadan for the respondent
CORAM : A.S.OKA, &
A.S.GADKARI, JJ.
DATE : NOVEMBER 5,2014
P.C.:
1Heard the learned counsel for the applicant-
husband. The first prayer is for directing the
respondent-wife to give access to meet his son at
the matrimonial home.
2The order regarding access cannot be passed as
of today as the son has admittedly attained
majority. As far as prayer clause (a) is concerned,
for the same reason, this prayer cannot be granted.
As far as prayer (b) is concerned, the impugned
decree which is the subject matter of challenge in
the Family Court Appeal restrains the applicant from
entering the matrimonial home. The decree continues
to operate even as of today and hence, the said
prayer cannot be granted. As far as prayer clause(c)
is concerned, the applicant on his own has agreed to
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pay maintenance at the rate of Rs.8000/- per month
to the son. Admittedly, the son is still taking
education.
3 Hence, there is no merit in the application and the same is rejected.3 issues framed by the court
Whether access to meet the minor son at the matrimonial home should be directed.
Whether the decree restraining the applicant from entering the matrimonial home should be set aside.
Whether the applicant's prayer for maintenance for the son should be considered.
Shri Stany Goveas
Mrs. Nancy Goveas
A.S.Oka
A.S.Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court