SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Shri.Haribhau Sheshrao Narote vs Sou.Vaishali Haribhau Narote on 5 July, 2019

2b. cam 145-18.doc

R.M. AMBERKAR
(Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

CIVIL APPLICATION NO. 145 OF 2018
IN
FAMILY COURT APPEAL NO. 92 OF 2018

Haribhau Sheshrao Narote .. Applicant

Versus
Vaishali Haribhau Narote .. Respondent

……………….
 Mr. V.R. Patil for the Applicant
 Mr. S.D. Kankurikar for the Respondent
……………….

CORAM : AKIL KURESHI
S.J. KATHAWALLA, JJ.

DATE : JULY 5, 2019.

P.C.:

1. This Civil Application is filed by the applicant –

husband seeking stay of the judgment and decree dated

10.1.2018 passed by the Family Court, Pune in Petition No. A-

958/2014.

2. In order to deal with this application, few basic

facts would be necessary to note:-

In Family Court, the petition was filed by the

husband seeking dissolution of marriage. The Family Court

1 of 5

::: Uploaded on – 09/07/2019 13/07/2019 05:34:47 :::
2b. cam 145-18.doc

while dismissing the petition by the impugned judgment,

awarded permanent alimony of Rs. 50,000/- per month to the

wife under Section 25 of the Hindu Marriage Act, 1955. The

case of the applicant is that when his main proceedings were

dismissed by the Family Court, no permanent alimony could

have been awarded under Section 25 of the Hindu Marriage

Act. In order to consider this contention, we have already

admitted the Family Court Appeal. The question in this Civil

Application is what interim order should be passed.

3. In this context, we have taken into account the

provisions of Section 24 of the Hindu Marriage Act which

permits the Court to award maintenance pendente lite to a

party who is unable to sustain himself or herself and thereby

would be put to disadvantage in defending oneself in such

proceedings. Thus, the Court has ample powers pending the

present appeal to award maintenance pendente lite to the

wife. While considering the appellant’s request for stay of

the execution and operation of such judgment and decree,

we would bear this in mind.

2 of 5

::: Uploaded on – 09/07/2019 ::: Downloaded on – 13/07/2019 05:34:47 :::
2b. cam 145-18.doc

4. In the context of what should be a correct figure that

the husband should pay to the wife by way of interim

arrangement, we have taken into account their respective

salaries (the wife admittedly is employed). The husband is

present before the Court. He had showed his bank

statement which indicates depositing of sum of Rs. 1.62 Lacs

in his bank account by way of salary for the month of May

2019. He stated that from the salary, he suffers a deduction

of Rs. 30000/- per month towards house building loan and

further sum of Rs. 10000/- (approx) towards his PF

contribution. His income tax deduction comes to about Rs.

51,000/- per month. The husband, thus, has a salary of Rs. 2

Lacs (apprx.) after income tax deduction. On the other hand,

the wife was also present. Her Advocate presented before us

her latest salary slip which shows gross income of Rs.

59,900/- after deductions for income tax, she receives gross

income (including PF contribution) of approximately Rs.

55,000/-. Taking into account such rival incomes, in our

opinion, a sum of Rs. 25000/- per month should be paid by

the husband to the wife. The husband who was present

before the Court agreed to this interim modification. Under

3 of 5

::: Uploaded on – 09/07/2019 13/07/2019 05:34:47 :::
2b. cam 145-18.doc

the judgment, the Family Court has awarded permanent

alimony of Rs. 50000/-per month from the date of the

petition by the husband which was 19.8.2014. The husband

should, therefore, bear this payment of Rs. 25000/- per

month from such date.

5. Under these circumstances, Civil Application is disposed

of with following directions:-

(i) The direction for payment of permanent alimony of Rs.

50000/- per month by the husband to the wife contained in the
impugned judgment is stayed.

(ii) This is however, on the condition that :

(a) the husband shall by way of interim arrangement pay
sum of Rs. 25000/- per month to the wife w.e.f.
19.8.2014;

(b) continue to pay the same every month before 5th of every
month till final disposal of the appeal or till further order
and

(c) clear the arrears as on today latest by 31.10.2019 in four
equal monthly installments each to be paid latest before
the end of the month.

(iii) If the appellant has already deposited any amount towards the
permanent alimony, the same would be adjusted in the last
installment.

4 of 5

::: Uploaded on – 09/07/2019 13/07/2019 05:34:47 :::
2b. cam 145-18.doc

6. Civil application is disposed of.

[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]

5 of 5

::: Uploaded on – 09/07/2019 13/07/2019 05:34:47 :::

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation