Shalon Siff Mario Carvalho S/O ... vs Lorraine W/O Shalon Carvalho
2021 Latest Caselaw 12020 Bom

                                              1                            FCA21-21.odt


                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR
                          FAMILY COURT APPEAL NO. 21/2021
  (SHALON SIFF MARIO CARVALHO JOAQUIM LOURENHCO SERAPIAO CARVALHO VERSUS
                          LORRAINE SHALON CARVALHO)

Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's order
and Registrar's orders.
        Shri B. Dafle, counsel for the appellant.

        CORAM : A. S. CHANDURKAR AND G.A. SANAP, JJ.

DATED : 27TH AUGUST, 2021.

At the outset, the learned counsel for the appellant submits that a separate civil application seeking interim relief would be filed on record within a period of two weeks from today.

Statement accepted.

Issue notice to the respondent returnable in three weeks. The learned counsel for the appellant submits that in view of the judgment of the Division Bench in Mrs.Vera Aranha Versus Jacob Harlad Aranha [1987 Mh.L.J. 849] the present appeal as filed under Section 55 of the Indian Divorce Act, 1869 read with Section 19 of the Family Courts Act, 1984 is maintainable. It is submitted that the learned Judge of the Family Court without considering the aspect that the respondent was having her own source of income in the light of the Income Tax Returns filed on record she was not entitled for grant of any maintenance. Referring to Ground-H in the memorandum of appeal it is submitted that without considering the relevant material an amount of Rs.30,000/- per month has been granted as interim alimony. He further submits that considering the pandemic situation the amount of maintenance ought to have been directed to be paid from the date of the order and not from the date of the application.

Prima-facie considering the averments in Ground-H and the Income Tax Returns placed on record before the Family Court, the same indicates some source of income of the respondent. The impugned order does not indicate consideration of this aspect.

2 FCA21-21.odt

Hence, by way of ad-interim relief the order dated 03.08.2021 passed by the Family Court below Exhibit 6 shall remain stayed insofar as it directs payment of maintenance to the respondent. The order insofar as the direction to pay maintenance to children is concerned, it shall operate until further orders with the only modification that the amount of Rs.20,000/- each payable to each son shall be so payable from the month of August-2021.

                (G.A. SANAP, J.)               (A. S. CHANDURKAR, J.)
APTE