Sucheta W/O Sachin Iyer And Ors vs Mr. Sachin Krishnamurthy Iyer
2021 Latest Caselaw 17190 Bom

214A-FCA-261-14                                                              1/3


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR.

                      FAMILY COURT APPEAL NO.261 OF 2014


Sucheta w/o Sachin Iyer,
Raj Nagar, Katol Road, Nagpur
and ors.                                                  ... Appellants

-vs-

Sachin s/o Krishnamurthy Iyer,
Maharajbagh Road Ramdaspeth,
Nagpur.                                                   ... Respondent


Shri S. V.Purohit, Advocate with Ms M. A. Sharma, Advocate for appellants.
Shri A. M. Sudame, Advocate for respondent.


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

DATE : December 09, 2021

P.C.

The judgment of the Family Court dated 19/07/2012 in Petition

No.C-68/2007 by which the Family Court awarded maintenance of an

amount of Rs.5000/- each to the appellant Nos.2 and 3 is the subject matter

of challenge in this appeal under Section 19 of the Family Courts Act, 1984.

2. At the outset Shri A. M. Sudame, learned counsel for the

respondent submits that since about last five years there are no instructions

from the respondent and hence he is not in a position to assist the Court in

the present appeal.

214A-FCA-261-14 2/3

Shri S. V. Purohit, learned counsel for the appellants submits that

despite maintenance being granted to the appellant Nos.2 and 3 by the

impugned judgment, the respondent has not paid the amount of

maintenance to the appellant Nos.2 and 3 till date.

3. On hearing the learned counsel and after perusal of the record, it

is seen that the proceedings for grant of maintenance were initiated on

03/08/2007. The Family Court decided the proceedings on 19/07/2012 by

directing payment of maintenance of Rs.5000/- each to the minor daughters

appellant Nos.2 and 3. We find that a period of more than nine years has

elapsed since passing of this order by the Family Court. Both the learned

counsel submit that they do not have appropriate instructions to enable the

Court to determine the fair quantum of maintenance. We find that appellant-

Nos.2 and 3 have now attained majority. The interests of justice would be

served by permitting the appellants to approach the Family Court for

enhancement in the amount of maintenance from what has been granted by

the Family Court. If the appellants seek enhancement of the amount of

maintenance, the Family Court would be free to consider that request on its

own merits and in accordance with law. Needless to state that the judgment

in Petition No.C-68/2007 shall continue to operate until it is suitably

modified if the appellants are successful in their prayer for enahancement in

the amount of maintenance.

214A-FCA-261-14 3/3

The Family Court Appeal is accordingly disposed of in aforesaid

terms. No order as to costs.

                            (G. A. Sanap, J.)                   (A. S. Chandurkar, J.)




          Asmita




Digitally signed byASMITA
ADWAIT BHANDAKKAR
Signing Date:10.12.2021
13:40:08