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Judgments of Supreme Court of India and High Courts

Mrs. Shraddha Mohit Barshikar vs Mr. Mohit Bapusaheb Barshikar on 14 December, 2018

Dinesh Sherla 901-wp-1146-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1146 OF 2017

Mrs. Shraddha M. Barshikar .. Petitioner
vs.
Mr. Mohit B. Barshikar .. Respondent

Mr. R.A. More for the Petitioners.
Mr. A.B. Patil for the Respondent.

CORAM : M. S. SONAK, J.
DATE : 14 DECEMBER 2018.

ORAL JUDGMENT :-

1] Heard the learned counsel for the parties.

2] Rule. With the consent of and at the request of learned

counsel for the parties, Rule is made returnable forthwith.

3] The challenge in this petition is to the order dated 16 th

July 2016. The operative portion of which reads thus:

“1] Application is partly allowed.

2] Petitioner Mohit Bapusaheb Barshikar is hereby
directed to pay amount of Rs.500/- (Rs. Five Hundred
only) maintenance pendente lite per month to the
opponent Sau. Shradha Mohit Barshikar from the date of
order i.e. from 16.07.2016 till further order.
3] Petitioner Mohit Bapusaheb Barshikar is hereby
directed to pay traveling expenses on production of
documentary proof i.e. ticket by the opponent Shradha
Mohit Barshi on the date of proceeding on which she
would remain present before the Court”.

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4] Admittedly, under the proceedings initiated by the

petitioner under the Protection of Women from Domestic

Violence Act, 2005 (D.V. Act), the petitioner is now directed

to be paid maintenance at the rate of Rs.5,000/- per month.

This means that in terms of the impugned order as well as

the order made under the D.V.Act, the petitioner is getting

total interim maintenance of Rs.5500/- per month. In this

view of the matter, there is no necessity to interfere with the

impugned order, insofar as it determines the interim

maintenance to the petitioner.

5] However, the petitioner in her application at Exhibit-34

which came to be disposed of by the impugned order dated

16th July 2016 had applied for maintenance not only for

herself, but also for her two children who are aged 6 years

(twins). From the perusal of the impugned order, it is seen

that there is absolutely no consideration on the claim for

interim maintenance in respect of two children.

6] Accordingly, the matter is required to be remanded to

the Trial Court with directions to decide the application at

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Exhibit-34 to the extent the said application claims interim

maintenance on behalf of the two children. Accordingly, the

matter is remanded to the learned Trial Court to decide the

application at Exhibit-34 to the limited extent it seeks

interim maintenance in favour of the two children.

7] It is made clear that this Court has not adverted to the

merits of the claim of the interim maintenance on behalf of

the children and therefore, all contentions of all parties are

kept open to be determined by the learned Trial Court. The

learned Trial Court to dispose of the issue of interim

maintenance to the children as expeditiously as possible and

in any case within a period of three months from today.

8] Parties to appear before the Trial Court on 7 th January

2019 at 11.00 a.m. and produce authenticated copy of this

order.

9] Rule is disposed of in the aforesaid terms. There shall

be no order as to costs.

(M. S. SONAK, J.)

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