Quashed

Manoj Gursahani v. Priya Gursahani Alias Sweetee Sai

Bombay HC15 Sept 2023WP/11423/2023

Case brief

AI extract

What is this about?

High Court quashed an order of the Family Court directing the respondent to pay Rs. 15 lakh under consent terms conditioning payment on the petitioner's financial means. The Court clarified that the Family Court must first adjudicate the petitioner's financial capacity before deciding expense claims.

What did the court decide?

Impugned order quashed and set aside; Application restored to file for decision within three months.

Manoj Gursahani Vs Priya Gursahani Alias Sweetee Sai — Maintenance and Alimony | Bombay HC (2023)

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21-wp11423-2023.doc

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AGK

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.11423 OF 2023

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Digitally signed by ATUL ATUL GANESH GANESH KULKARNI KULKARNI Date: 2023.09.15 17:10:42 +0530

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Manoj Gursahani… Petitioner
V/s.

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Priya Gursahani Alias Sweetee Sai… Respondent

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Mr. Karl Tamboly with Ms. Dhwani Mehta Desai and
Ms. Sunain Masand i/by DM Law Chambers for the
petitioner.

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Mr. Shailesh Raja i/by Mr. Surendra Raja for the
respondent.

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CORAM:AMIT BORKAR, J.

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DATED:SEPTEMBER 15, 2023

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P.C.:

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1.By the impugned order, the Family Court, Mumbai directed
the respondent to pay Rs.15 lakh to the petitioner in furtherance of
clause (4) of the consent terms dated 29 January 2014. Clause (4)
of the consent terms reads thus:

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“4.Agreed by and between the parties that the Petitioner
shall within his financial means take care of all the day to
day expenses of the children including their expenses for
education and marriage. However the Respondent agrees
and undertakes to this Hon’ble Court that she shall solely
bear all the day to day expenses and miscellaneous expenses
of the children without any contribution of whatsoever
nature from the Petitioner when the children are staying with
her excluding education and marriage, which is the sole
responsibility of the Petitioner.”

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21-wp11423-2023.doc

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2.On perusal of the said clause, it appears that the petitioner
agreed to pay day-to-day expenses of children including their
expenses for education and marriage “within his financial means”.

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3.The material produced by way of conversation between the
petitioner and respondent, it appears that indication of financial
capacity of parties are made in the said conversation. It is,
therefore, necessary for the Family Court to adjudicate as to
whether it was within the financial means of the petitioner to pay
educational expenses of the daughter as claimed by the
respondent.

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4.Parties will be at liberty to produce relevant material before
the Family Court to show their financial capacity at the relevant
time. Based on the said material, the Family Court shall record a
finding regarding financial means of the respondent, and if the
Trial Court find that the petitioner had financial means to pay for
education, the Family Court shall pass appropriate orders.

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5. With this clarification, the impugned order is quashed and set aside.

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6. Application below Darkhast filed by the petitioner is restored to file. The Family Court shall decide the said Darkhast within three months from today.

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7. All contentions of the parties are expressly kept open.

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8.The writ petition accordingly stands disposed of in above
terms. No costs.

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(AMIT BORKAR, J.)

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Manoj Gursahani v. Priya Gursahani Alias Sweetee Sai

Case brief

What is this about?

What did the court decide?

Manoj Gursahani v. Priya Gursahani Alias Sweetee Sai

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

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