Bombay High Court
Mr. Dinesh Chawla vs Mrs. Vidhika Chawla And Anr on 12 February, 2021
Bench: R.D. Dhanuka, Virendrasingh Gyansingh Bisht
09-cam-248-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 248 OF 2019
IN
FAMILY COURT APPEAL NO. 154 OF 2019
Dinesh Chawla ... Applicant/Appellant
Versus
Vidhika Chawla and Anr. ... Respondents.
Ms. Fatima Barodawalla i/b Mr. Devang R. Sanghvi, for the Applicant/
Appellant.
Mr. Sai Chaugule, for the Respondents.
CORAM : R. D. DHANUKA &
V. G. BISHT, JJ.
DATE : 12TH FEBRUARY, 2021
PC:
The applicant has filed this Family Court Appeal impugning the
order dated 21/06/2019 passed by the Family Court No.3, Bandra,
Mumbai in Petition No. C-24 of 2014 filed by the respondents thereby
praying for maintenance under Section 18(2)(a)(b) and 20(2) of the
Hindu Adoption and Maintenance Act, 1956 in favour of the respondent
no.1 and her daughter (respondent no.2). By the said order the Family
Court has directed the applicant to pay an amount of Rs.70,000/- per
month to Respondent No.1 wife and an amount of Rs. 40,000/- per
month to the daughter (respondent no.2) in the Family Court Appeal
towards maintenance from the date of the order.
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09-cam-248-2019.odt
2 By an interim order dated 20/09/2019 this Court granted stay
from the execution of the judgment and decree of the Family Court as
and by way of interim arrangement on the condition that the appellant
directly pays to the wife 50% of the total arrears as per the impugned
judgment and decree of the Family Court before the next date of
hearing.
3 Learned counsel for the appellant states that her client has
complied the order passed by this Court on 20/09/2019.
4 Learned counsel for the respondent, on the other hand, submits
that the said interim order passed by this Court was only by way of
interim arrangement. No amount beyond the amount of 50% of total
arrears as on the date of order dated 21/09/2019 is paid by the
appellant to the respondents.
5 We accordingly direct the appellant to pay directly to the
respondents 50% of the amount directed to be paid by the Family Court
for the period subsequent to the date of the said order dated 20 th
September, 2019 i.e. for the period between 20 th September, 2019 till
date within four weeks from today.
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09-cam-248-2019.odt
6 It is made clear that order dated 21/09/2019 and the order
passed by this Court today are by way of interim arrangement as prayed
for and these two interim orders would be subject to the adjustment of
the amount against the amount payable as per the final order that would
be passed in this Family Court Appeal.
7 Both the parties through their respective Advocates submit that
their clients are agreeable to refer the dispute in this Family Court
Appeal for mediation. Statement is accepted.
8 By consent of the parties, Ms. Geetanjali Prabhu-Shetty c/o
Bombay Bar Association Building, Room No. 57, is appointed as a
Mediator. Both the parties agree to pay the fees/charge of the learned
Mediator equally at the first instance.
9 Learned Mediator is requested to submit the report within six
weeks from today.
10 Place the matter for "Direction" on 30th March, 2021.
(V. G. BISHT, J.) ( R. D. DHANUKA, J.)
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