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Sudhir Vasantrao Ambadkar vs Mamta Sudhir Ambadkar on 2 March, 2020

1 fca 66.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR

Civil Application (O) No.1624/2019
In
Family Court Appeal No.66/2018
(Sudhiar Ambadkar V Mamta Ambadkar)
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Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders
appearances, Court’s orders of directions
and Registrar’s orders
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Shri R. Suryawanshi, Adv for appellant.
Smt. S.V. Sirpurkar, Adv for respondent.

CORAM : V.M. DESHPANDE AND
S.M. MODAK, JJ.
DATE : 02-03-2020.

This is an application filed under Section 24 of the
Hindu Marriage Act, 1955 (hereinafter referred to as, the ‘Act of
1955’), for maintenance pendente lite. This application is moved
by the respondent in this appeal. The prayer is that the appellant
shall pay Rs.20,000/- by way of interim maintenance.
2. Heard Smt. Sirpurkar, learned Counsel for the
respondent who has moved this application and
Shri R.S. Suryawanshi, learned Counsel for the appellant.
3. The petition for divorce was moved by the husband in
the the Family Court, Amravati, on the grounds as mentioned in
the said petition. After the contest from the wife, the learned
Judge of the Family Court, Amravati on 04-05-2018, dismissed the
said divorce petition. Against the said, the present Family Court
Appeal is filed which is admitted on 25-09-2018.
4. After hearing both the learned Counsels,two undisputed
facts emerge :
1) During the pendency of the divorce petition filed by
the husband, wife was receiving Rs. 5000/- by way

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2 fca 66.18

of maintenance as per the order passed by the
learned Judge of the Family Court on the
application under Section 24 of the Act of 1955,
which was filed by the wife before the said Court.

2) The amount of Rs. 5000/- was determined by the
learned Judge of the Family Court after considering
the quantum of maintenance i.e. amount of
Rs. 3000/- to the wife and amount of Rs. 2000/- to
the child respectively in the proceedings filed by the
husband under Section 125 of the Code of Criminal
Procedure.

5. After the dismissal of the Hindu Marriage Petition, the
wife is now not receiving any maintenance as directed by the
learned Judge of the Family Court under Section 24 of the Act of
1955.
6. The learned Counsel for the husband, on instructions,
submits before this Court that husband is ready to pay Rs. 5000/-
per month to the wife during the pendency of this Family Court
Appeal in addition to the amount which he is directed to pay to
the wife and to the child in the present proceeding under Section
125 of the Cr.P.C. Though the learned Counsel for the wife would
submit that amount of Rs. 5000/- is meager, looking to the fact
that exact amount of monthly income is not pleaded in the
application, in the interest of justice the amount of Rs. 5000/- per
month as agreed to be paid by the husband in addition to the
amount to the wife and the child, in our view, would meet the
ends of justice.

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3 fca 66.18

7. In that view of the matter, we pass the following order :

ORDER

(a) The application is partly allowed.

(b) The appellant-husband is hereby directed to pay
Rs. 5000/- per month by way of monthly maintenance
to the wife.

(c) The amount amount of Rs. 5000/- shall pay regularly
i.e. on or before 10th of each month directly in the bank
account of the wife.

(d) The wife is directed to furnish her bank account to the
learned Counsel for the appellant within a period of one
week from today

(e) It is made clear that this amount of Rs. 5000/- shall
pay from the date of the application i.e. 28-08-2019 in
addition to the amount of maintenance which the wife
and the child is receiving under the proceeding filed by
them under Section 125 of the Cr.P.C.

(f) The arrears of maintenance in this application shall be
cleared by the appellant within a period of two months
from today.

8. With this, the application is partly allowed and
disposed of.

(S.M. Modak, J.) (V.M. Deshpande, J.)

Deshmukh

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