Sumitra Ganesh Khalipe vs Ganesh Sadashiv Khalipe — Bombay HC (2025) — LawSathi Research

Sumitra Ganesh Khalipe vs Ganesh Sadashiv Khalipe — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only; enhancement question left open. Respondent to file affidavit of latest emoluments/salary certificate and to clear arrears of Rs. 3,00,000/- on or before the adjourned date; applicant to file affidavit of her salary; proceeding listed on 7 February 2025.

Issue for consideration

Whether the alimony of Rs. 20,000/- per month plus Rs. 10,000/- towards house rent granted by the Family Court under its order dated 23 August 2023 ought to be enhanced, in view of the respondent's increased salary following his promotion to Director of Food and Beverage.

Court's answer

The Court directed the respondent to place on record an affidavit annexing his latest emoluments/salary certificate issued by his employer.

Ratio / Principle

The Court directed the respondent to clear the arrears of Rs. 3,00,000/- payable to the applicant on or before the adjourned date of hearing.

Key takeaways

As fairly agreed by counsel, the applicant is also to place on record an affidavit of her salary, a copy of which is to be served on the advocate for the respondent.ratio¶16

Detailed headnote1 paragraphs

Interim order in the wife's Family Court Appeal No. 30 of 2024 (Bombay High Court; G. S. Kulkarni & Advait M. Sethna, JJ.) seeking enhancement of alimony granted by the Family Court under its order dated 23 August 2023 - Rs. 20,000/- per month to the wife and Rs. 10,000/- towards house rent. The wife contended that arrears of Rs. 3,00,000/- were due from 2018, and that the husband's salary (per employer-Carnival salary certificates) exceeded Rs. 4,30,000/- per month in 2018 and had since risen on his promotion to Director of Food and Beverage. The Court directed the husband to file an affidavit of his latest emoluments/salary certificate and to clear the arrears of Rs. 3,00,000/- on or before the adjourned date; the wife was also to file a salary affidavit. The enhancement question was left open and the proceeding was listed on 7 February 2025.

16-FCA-30-2023.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

FAMILY COURT APPEAL NO. 30 OF 2024

Sumitra Ganesh Khalipe ...Appellant Versus Ganesh Sadashiv Khalipe ...Respondent

Mr. Pradip Chavan a/w Shweta Borhade and Adesh Kachare for the Appellant.

Mr. Virendra Pethe for Respondent.

CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. DATE: 17 JANUARY 2025

P.C.

Mr. Pethe, learned counsel for the respondent states that he has instructions to appear for respondent-husband. Mr. Chavan, learned counsel for the applicant/appellant has stated that the case of the applicant is in regard to the enhancement of the amount of alimony as granted by the Family Court under the impugned order dated 23 August 2023 which is an amount of Rs. 20,000/- per month to be paid to the applicant by the respondent and Rs.10,000/- to be paid towards rent of the house. It is his contention that from the year 2018, till date the arrears of Rs.3,00,000/- are due and payable. His contention is that the applicant is entitled to the enhancement as in the year 2018 the respondent’s salary as per the salary

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Kiran Kawre

16-FCA-30-2023.DOC

certificates-statement issued by the employer-Carnival was more than Rs.4,30,000/- per month. He states that now there is change in his salary, as now the respondent is promoted to the post of Director of Food and Beverage and certainly has a higher salary. In this circumstances, we direct the respondent to place on record an affidavit annexing his latest emoluments/Salary certificate issued by his employer. We also direct the respondent to clear the arrears of Rs. 3,00,000/- as payable to the applicant on or before the adjourned date of hearing.

Let the affidavit be served on the advocate for the applicant well in advance. List the proceeding on 7 February 2025 .

At this stage, learned counsel for the respondent submit that the applicant also needs to place on record an affidavit of her salary. As fairly agreed by Mr. Chavan, learned counsel for the applicant let the same be also placed on record. A copy of the same be also served on the advocate for the respondent.

(ADVAIT M. SETHNA, J.)

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Kiran Kawre