Allowed

Mr. Sandeep Ishwar Suryavanshi v. Mrs. Suvarna Sandeep Suryavanshi and Another

Bombay HC15 Dec 2014CAM/347/2014

Case brief

AI extract

What is this about?

This order stayed the Family Court judgment and order dated 6.12.2013 which granted maintenance and rent. The stay was granted because the appellant undertook to pay the arrears and future monthly amounts under the Domestic Violence Act.

What did the court decide?

Stay granted on the order dated 6th December, 2013 granting maintenance and rent in lieu of accommodation.

Mr. Sandeep Ishwar Suryavanshi Vs Mrs. Suvarna… — Maintenance and Alimony | Bombay HC (2014)

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Shiv

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1 cam347.14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.347 OF 2014 IN

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FAMILY COURT APPEAL NO.256 OF 2014

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Sandeep Ishwar Suryawanshi .. Applicant. Vs. Suvarna Sandeep Suryawanshi & Anr. .. Respondents.

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Mr.Vinod Joshi for the Applicant. Mr.Rajan Sorankar i/b Pinky M.Bhansali for the Respondent.

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CORAM : V. K. TAHILRAMANI & A. K. MENON, JJ.

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DATED : 15TH DECEMBER, 2014

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P.C.

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Heard learned counsel for both sides.

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By the judgment and order dated 6.12.2013 the Family Court, Bandra allowed the petition filed by the wife seeking maintenance. Maintenance was granted to the wife in the sum of Rs.30,000/- and maintenance was granted to the child in the sum of Rs.20,000/- plus one BHK flat or rent in lieu of accommodation. The applicant is seeking stay of the said order.

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2 cam347.14

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Learned counsel for the applicant stated that the applicant is also facing proceedings under the Protection of Women from Domestic Violence Act, 2005 (Hereinafter referred to as the D.V. Act). The said matter was numbered as 3162/SS/2014 and it was pending before the learned Magistrate, 24th Court, Borivali. In the said proceedings the applicant has been directed to pay a sum of Rs.50,000/- to the wife and child. The applicant has been paying the said amount from time to time and as of now he has paid an amount of Rs.4 lacs. He thus submitted that the applicant should not be saddled with an additional burden of Rs.50,000/- per month under the Hindu Marriage Act. However, the learned counsel for the respondent stated that even under the D.V. Act there are arrears of Rs.5,41,334/-. Learned counsel for the applicant stated that the said amount would be paid to the respondent within four weeks from today and thereafter the applicant will go on paying to the respondent an amount of Rs.50,000/- in the proceedings relating to the D. V. Act. In this view of the matter looking to the fact that the applicant undertakes to pay the arrears as well as an amount of Rs.50,000/- per month as directed in the proceedings under D.V. Act and the fact that the Family Court granted maintenance in the sum of Rs.30,000/- and Rs.20,000/- which was inclusive of interim maintenance or final maintenance

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3 cam347.14

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under the D.V. Act we grant stay to the impugned judgment and order dated 6th December, 2013 granting maintenance and rent

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in lieu of accommodation.

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Application is allowed in aforesaid terms.

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(A.K.MENON, J.) (V.K.TAHILRAMANI, J.)

Mr. Sandeep Ishwar Suryavanshi v. Mrs. Suvarna Sandeep Suryavanshi and Another

Case brief

What is this about?

What did the court decide?

Mr. Sandeep Ishwar Suryavanshi v. Mrs. Suvarna Sandeep Suryavanshi and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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