Bombay High Court
Tanvi W/O Ankush Bambal vs Ankush S/O Nilkanthrao Bambal on 19 September, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 1313 OF 2022
Tanvi w/o Ankush Bambal
Vs.
Ankush s/o Nilkanthrao Bambal
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms. Aastha Sharma, Advocate for the Petitioner.
Mr. V.A. Kothale, Advocate for the sole Respondent.
CORAM : MANISH PITALE, J.
DATED : 19th SEPTEMBER, 2022.
By this writ petition, the petitioner (wife) has
challenged order dated 01.10.2021, passed by the Family Court
at Amravati, whereby an application for grant of interim
maintenance pendente lite, stood rejected.
02] The respondent (husband) has filed a petition
bearing No.A-92/2019 before the Family Court seeking divorce
against the petitioner. It is in the said proceeding that the
application for grant of interim maintenance was filed on behalf
of the petitioner. The same has been rejected by the impugned
order, interalia, on the ground that the petitioner is already
receiving amount of Rs.15,000/- towards interim maintenance
in a parallel proceeding initiated by her under the provisions of
the Protection of Women from Domestic Violence Act, 2005
(hereinafter referred to as the "Act of 2005"). It is recorded in
the impugned order that the petitioner herself had agreed for
such amount in a writ petition arising out of the said proceeding
under the Act of 2005.
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03] The learned counsel appearing for the petitioner
submitted that the Family Court erred in not deciding the
prayer for grant of interim maintenance of the petitioner on
merits. It was submitted that the income tax returns available on
record were misinterpreted by the Family Court, while rejecting
the application for grant of interim maintenance. It was further
brought to the notice of this Court that the proceeding initiated
under the Act of 2005 was dismissed in April, 2022 and that
the petitioner has filed an appeal, challenging the said order. It
was submitted that therefore, even the said amount of
Rs.15,000/- is not being paid to the petitioner.
04] On the other hand, the learned counsel for the
respondent submitted that the amount of Rs.15,000/- towards
interim maintenance was agreed between the parties in the writ
petition that arose during the pendency of the proceeding
initiated by the petitioner under the Act of 2005. The
respondent had been, in fact, directed only to pay a sum of
Rs.5,000/- per month towards interim maintenance during
pendency of the said proceeding, but when the matter reached
this Court in the form of the aforesaid writ petition, the
arrangement of payment of Rs.15,000/- was agreed between the
parties. It was submitted that the income tax returns, pertaining
to the period when the Covid-19 pandemic was at peak in the
nation, would show that the earnings of the respondent had
taken a downturn and that therefore, no interference is
warranted in the impugned order.
05] This Court is of the opinion that the Court below,
while passing the impugned order dated 01.10.2021, has not
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taken into account the directions issued by the Hon'ble
Supreme Court in the case of Rajnesh Vs. Neha and another
reported in (2021) 2 SCC 324. But, the blame cannot be placed
on the Family Court, for the reason that the aforesaid judgment
of the Hon'ble Supreme Court was rendered on 04.11.2020
and perhaps it was not brought to the notice of the Family
Court, when the impugned order was passed.
06] Be that as it may, considering the elaborate
directions given in the said judgment of the Hon'ble Supreme
Court and the parties in such matters being directed to file
affidavits, statements and documents to assist the concerned
Court in deciding the entitlement of the applicant for grant of
interim maintenance, it would be appropriate that the matter is
sent back to the Family Court for fresh consideration for
compliance with the directions given by the Hon'ble Supreme
Court in the case of Rajnesh Vs. Neha and another (supra).
Insofar as the payment of amount towards interim maintenance
during the interregnum is concerned, it would be in the interest
of justice that the arrangement made between the parties in this
Court as recorded in the order dated 05.03.2020, passed by this
Court in Criminal Writ Petition No.19 of 2020, deserves to be
continued. It appears that after the proceeding under the Act of
2005 was decided in April, 2022, the petitioner has received no
amount towards interim maintenance. Accordingly, appropriate
directions are required to be issued.
07] In view of the above, the writ petition is partly
allowed in the following terms:
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a) The impugned order dated 01.10.2021, passed by
the Family Court, Amravati, is quashed and set aside.
b) The matter is remanded to the Family Court for
fresh consideration of Exh. 20 i.e. the application for
interim maintenance pendente lite filed by the
petitioner.
c) The petitioner as well as the respondent shall place
on record affidavits, statements and documents, in
terms of the directions given by the Hon'ble
Supreme Court in the case of Rajnesh Vs. Neha and
another (supra), within a period of three weeks from
today.
d) The Court below shall take into consideration such
affidavits, statements and documents to immediately
decide the application at Exh.20.
e) The respondent shall continue to pay the amount of
Rs.15,000/- towards interim maintenance from May,
2022.
f) The arrears for the period between May, 2022 to
September, 2022 shall be paid within six weeks from
today.
g) The respondent shall continue to pay the amount of
Rs.15,000/- per month from October, 2022 till the
decision of the application at Exh.20 by the Family
Court.
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h) Such payments shall be subject to the orders that
shall be passed by the Family Court, while disposing
of the application at Exh.20.
i) On a specific prayer made on behalf of the
respondent for expeditious disposal of the main
petition pending before the Family Court i.e.
Petition No.A-92/2019, the Family Court at
Amravati, is directed to expedite the proceedings and
to make an endeavour to dispose of the said petition
preferably within a period of six months from today.
08] The writ petition is disposed of in above terms.
JUDGE
Vijay
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:21.09.2022 19:37
