Kishor S/O Raghunath Ambade vs Smt. Darshana W/O Kishor Ambade ...
2017 Latest Caselaw 449 Bom

                                                                                          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.

     -----------------------------------------------------------------------------------------------------
                       Shri N.A. Jachak, Advocate for appellant 
                       Shri M.P. Karia, Advocate for respondents
     -----------------------------------------------------------------------------------------------------

                                                    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

fca263.14.odt

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.

fca263.14.odt

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