Allowed

Mr. Karthick Sethunarayan S/O Sethunarayanan v. Mrs. Narayanee Vishwanathan D/O Vishwananthan

Bombay HC9 Dec 2014CAM/421/2014

Case brief

AI extract

What is this about?

This civil application sought a stay on a Family Court order granting maintenance to the applicant's daughter. Considering the wife's income and existing maintenance awards, the High Court allowed the stay application.

What did the court decide?

Stay of the impugned Family Court order granting maintenance to the daughter was allowed as prayed in prayer clause 15(a).

Mr. Karthick Sethunarayan S/O Sethunarayanan Vs Mrs… — Maintenance and Alimony | Bombay HC (2014)

¶1

Shiv

¶2

1 cam421.14

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

CIVIL APPLICATION NO.421 OF 2014 IN

¶5

FAMILY COURT APPEAL NO.291 OF 2014

¶6

Karthick Sethunarayan .. Applicant. Vs. Narayanee Vishwanathan .. Respondent.

¶7

Mr.Pradip Chavan for the Applicant. Mr.Rahul Arote for the Respondent.

¶8

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

¶9

DATED : 9TH DECEMBER, 2014

¶10

P.C.

¶11

Heard both sides.

¶12

The applicant has approached this Court for the stay of the impugned judgment and order dated 5th July, 2014. By the said judgment and order passed by the Family Court in Petition No.C-36 of 2007, the learned Judge of the Family Court partly allowed Petition No.C-36 of 2007 preferred by the present respondent wife. In the said petition she had sought for maintenance for herself and for her daughter. By the impugned judgment and order no maintenance was granted to the wife. However, the appellant was directed to pay monthly

¶13

2 cam421.14

¶14

maintenance at the rate of Rs.5,000/- per month to daughter Keerthana alongwith her medical and educational expenses to be paid to the wife from the date of the petition.

¶15

It is an admitted fact that the respondent wife has filed petition before the Family Court at Chennai being O.P.A. No.383 of 2007 wherein the Family Court at Chennai by the order dated 10th February, 2010 granted maintenance in the sum of Rs.10,000/- to the wife and daughter. It is also an admitted fact that the respondent wife has filed proceedings under the Domestic Violence Act which is pending before the learned Metropolitan Magistrate, Kurla, Mumbai. In the said proceedings maintenance in the sum of Rs.7,000/- was granted only to the daughter by the order dated 23rd May, 2008. Thus, it is seen that the daughter is already getting an amount of Rs.12,000/- by way of maintenance which is exclusively for her. It is an admitted fact that the respondent is working and she is earning. However, the case of the respondent wife is that she is only earning an amount of Rs.20,000/- per month. The income tax returns of the respondent wife for the year 2010-11 show that gross total income was Rs.3,53,249/- and after deduction her income is Rs.2,53,249/-. The income tax returns of the appellant for the year 2013-14 shows that gross total income is

¶16

3 cam421.14

¶17

Rs.2,38,650/-. No other source of income of the applicant has been brought on record by the respondent. Looking to all these

¶18

facts we are inclined to stay the order passed by the Family Court. Thus, the application is allowed in terms of prayer clause

¶19

15 (a).

¶20

(A.K.MENON, J.)

¶21

(V.K.TAHILRAMANI, J.)

Mr. Karthick Sethunarayan S/O Sethunarayanan v. Mrs. Narayanee Vishwanathan D/O Vishwananthan

Case brief

What is this about?

What did the court decide?

Mr. Karthick Sethunarayan S/O Sethunarayanan v. Mrs. Narayanee Vishwanathan D/O Vishwananthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Netaji Subhash Chavan Vs the State of Maharashtra

Mrs. Sugandha Arjun Jadhav Vs Shri. Arjun Madhukar Jadhav

Shri. Sandip Sitaram Pednekar Vs Mrs. Sanjana Sandip Pednekar

Mr. Sandeep Harishchandra Nakti Vs Mrs. Meghna Sandeep Nakti

Mrs. Manjula Yeshwant Mohite Vs Mrs. Sadhana Raju Mohite and Ors.

Mrs. Manjula Yeshwant Mohite Vs Mrs. Sadhana Raju Mohite and Ors.