In an appeal against an ex parte divorce decree, the High Court granted interim maintenance of Rs. 10,000 per month and directed payment of arrears to the wife pending final disposal of the appeal.
Interim maintenance of Rs. 10,000 per month granted; arraers of maintenance directed.
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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cam-290.11
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.290 OF 2011
IN
FAMILY COURT APPEAL NO.69 OF 2009
Rohini Raju Khamkar. .. Applicant Vs Raju Ranba Khamkar. .. Respondent
Shri Bharat Gadvi i/by Shri Tejesh Dande for the Appellant. Shri Raj J. Khude for the Respondent.
CORAM : A.S. OKA & A.S. CHANDURKAR, JJ DATED : 11TH JULY 2014 P.C.
. Heard learned counsel appearing for the Applicant wife and the learned counsel appearing for the Respondent husband.
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has averred that the Respondent's family is a joint family and each family members is doing a job in Mumbai. In Paragraph 10, the Applicant alleged that the Respondent is having various vehicles for his personal use and he is holding two flats, one is at Chembur and another is at Govandi in Mumbai. The Applicant stated that the residential flat at Chembur is given on rent and the Respondent is earning Rs.10,000/- per month by way of rent. It is alleged that the Respondent is maintaining a lavish lifestyle.
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not disclosed his income in the reply. Even in the Civil Application No.5 of 2004 filed by him, the Respondent has not disclosed his income. Apart from the fact that the Respondent husband has not disclosed his income, he has not set out any particulars of the business of screen printing carried on by him.
ORDER :
(a) We direct the Respondent husband to pay interim maintenance of Rs.10,000/- per month to the Applicant wife till disposal of the Appeal;
(b) We make it clear that the order dated 22nd June 2012 passed by this Court earlier on this Application was in operation till today. Therefore, the Respondent husband will have to pay the arrears payable as per the said order to the Applicant wife. A sum of Rs.50,000/- deposited by the Respondent husband in
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Civil Application No.5 of 2014 shall be adjusted towards the arrears of maintenance. If the Applicant wife has not withdrawn the said amount, she is entitled to withdraw the said amount;
(A.S. CHANDURKAR, J)
( A.S. OKA, J )
2 issues framed by the court
Whether the respondent husband is liable to pay interim maintenance to the appellant wife pending disposal of the appeal against the ex parte divorce decree.
Whether the appellant wife is entitled to arrears of maintenance based on the earlier interim maintenance order.
Rohini Raju Khamkar
Raju Ranba Khamkar
A.S. Oka
A.S. Chandurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
