fca263.14.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
FAMILY COURT APPEAL NO.263/2014
APPELLANT: Kishor s/o Raghunath Ambade,
Org. Respondent Aged about 48 years, Occ - Service,
Office Bharat Petroleum Corporation
Ltd., Bezon Department A Installation
Fort Road, Sewari (East), Mumbai.
...VERSUS...
RESPONDENTS : 1. Smt. Darshana w/o Kishor Ambade,
Org. Petitioners Aged about 39 years, Occ. - Household.
2. Ku. Purvakshi d/o Kishor Ambade,
Aged about 10 years, Occ - Student,
being minor through its guardian
Mother respondent No.1.
Both R/o Mankapur, Koradi Road, Nagpur.
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Shri N.A. Jachak, Advocate for appellant
Shri M.P. Karia, Advocate for respondents
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CORAM : SMT. VASANTI A NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 03.03.2017 ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.) The respondent - wife is personally present in the Court today. She has admitted that she is now working in Jingle School and is receiving monthly salary of Rs.6,000/-. She however states that despite her earnings at least an amount of Rs.8,000/- would be necessary for the ::: Uploaded on - 07/03/2017 ::: Downloaded on - 08/03/2017 00:41:53 ::: fca263.14.odt 2 maintenance of herself and her daughter, who is taking education in the College. It is admitted by the respondent - wife, who is present in the Court today that monthly maintenance is granted by the Family Court by assuming that she was not working, but she is now working in the school and is receiving a sum of Rs.6,000/-. It is stated that in this background, the grievance of the respondents would be redressed, if the appellant pays monthly maintenance of Rs.8,000/- to the respondent - wife and her daughter from March, 2017.
Shri Jachak, the learned Counsel for the appellant, on instructions from the appellant, states that the appellant is ready to pay a sum of Rs.8,000/- towards monthly maintenance for the respondent - wife and her daughter from March, 2017. It is stated that the appellant would deposit the amount of Rs.8,000/- in the respondent's bank account every month, regularly.
The parties further agree that the amount of Rs.1,10,000/-, i.e., deposited by the appellant in this Court would be withdrawn by the respondent - wife and would be placed by the respondent - wife in a fixed deposit account of a Nationalized Bank so that the same could be utilized towards the marriage expenses of their daughter. The Counsel for the appellant states that he would voluntarily give some amount to his daughter at the time of her marriage.
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fca263.14.odt 3 Since the respondent - wife agrees to receive a sum of Rs.8,000/- per month towards maintenance for herself and her daughter and since the appellant is ready to pay the said amount to them and deposit it every month in the bank account of the respondent, we dispose of the family court appeal by accepting the statements made on behalf of the parties in the Court today, which would be binding on them, with no order as to costs.
The order of attachment of salary of the appellant would not survive, in view of the aforesaid order.
JUDGE JUDGE
Wadkar
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