Bombay High Court
Aarti D/O Ramdas Dandge vs Ramdas S/O Rajaram Dandge on 1 March, 2023
Bench: Mangesh S. Patil, S. G. Chapalgaonkar
904.FCA.43.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
FAMILY COURT APPEAL NO.43 OF 2022
AARTI D/O RAMDAS DANDGE
VERSUS
RAMDAS S/O RAJARAM DANDGE
...
Advocate for Appellants : Mr. Ajit M. Gholap
Advocate for Respondent : Mr. Rahul G. Joshi
...
CORAM : MANGESH S. PATIL AND
S.G. CHAPALGAONKAR, JJ.
DATE : 01.03.2023
PER COURT :
Heard both the sides finally.
2. The appellant is the unmarried daughter of the respondent who
was successful before the family court in soliciting an order regarding
maintenance but was unable to persuade it even to award the marriage
expenses. The learned Judge in paragraph No.16 has assigned the reasons
that the claim was being made on hypothesis.
3. During pendency of this appeal, the appellant has filed an
affidavit claiming that her marriage is to be performed on 02.05.2023. She
has also annexed engagement invitation card, vouchers etc. to demonstrate
that she has already spent an amount of Rs.5,39,224/-.
4. She has also estimated the future expenses leading to the
marriage, to Rs.12 Lakhs.
5. The respondent has also filed affidavit-in-reply and inter alia
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has expressed his readiness to pay Rs.1,50,000/- to the appellant. On
instructions from the respondent who is also present in person the learned
advocate submits that he is ready to pay Rs.2,00,000/-.
6. Obviously, this being an appeal, any additional evidence can be
led in accordance with the provision of Order XLI Rule 27 of the Code of
Civil Procedure since all these facts need to be established on the basis of
evidence. The Family Court could not decide the marriage expenses to
which the appellant was entitled to since till that time there was no occasion
for him as the marriage was not fixed. If by passage of time due to
supervening events as indicated herein above if the appellant is now to get
married on 2nd May 2023, considering the exigencies, we feel it appropriate
that the matter is remanded to the family court for decision afresh to the
extent of the appellant's entitlement to the marriage expenses which would
enable the parties to lead evidence which can be tested and some conclusion
can be arrived at by the family court objectively.
7. However, in view of the exigencies some interim relief needs to
be granted. The family court in its judgment under appeal has expressly
mentioned that being a teacher the respondent was getting a gross salary of
around Rs.80,000/- per month, which by passage of time must have
increased. In his affidavit-in-reply the respondent has conveniently omitted
to state exactly what income he is currently deriving. By resorting to
inevitable guess work and by drawing an adverse inference some interim
solace can be granted to the appellant else the purpose of remanding the
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matter and requiring the family court to decide the issue afresh would not
be served.
8. According to us the following order would meet the ends of
justice.
ORDER
i. The appeal is allowed partly.
ii. The impugned judgment and order are quashed and set aside
and the matter is remanded back to the family court to record a
specific finding as to appellant's entitlement to claim marriage
expenses in light of above circumstances, by permitting the
parties to lead additional evidence.
iii. For the time being, we direct the respondent to pay to the
petitioner Rs.5,00,000/- (Rupees Five Lakh only) towards the
marriage expenses which shall be set off against the claim which
ultimately the appellant would be found entitled to.
iv. The money shall be deposited with the family court within four
weeks which the appellant would be entitled to withdraw by
furnishing usual undertaking.
(S.G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.)
habeeb
