Mayur Purshotamdas Muthreja v. Bhavna Mayur Muthreja

Devendra 1/3 19-wp-1179-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1179 OF 2018 Mayur Parshotamdas Muthreja

...Petitioner

Vs.

Bhavna Mayuur Muthreja ... Respondent ......

Mr. Sharan Jagtiani a/w Mr. Siddhanth Chhabria I/b Ms. Priyanka Chhabria for the Petitioner.

Ms. Fivdaus Moosa I/b Mr. Prakash Mahadik for Respondent. ......

CORAM

:

G.S. KULKARNI, J.

DATE :

FEBRUARY 7, 2018.

P.C. :

1.

After this petition was heard for some time, and considering the facts and circumstances of the case, it appears to be appropriate that the learned Principal Judge of the Family Court needs to re-consider the application as filed on behalf of the respondent-wife for interim maintenance.

2.

I have perused the impugned order dated 16.11.2017 and more particularly the reasons which are set out in paragraph 8 of the impugned order. Considering the documents as placed on record on behalf of petitioner and more particularly the income tax returns, in my opinion, it would be appropriate for the learned principal judge to de novo consider all the aspects and re-adjudicate the application of the

Devendra 2/3 19-wp-1179-2018.odt respondent.

3.

Learned counsel for the petitioner, however has fairly accepted the suggestions of the court that till the application is decided afresh, the petitioner shall continue to make payment of Rs.50,000/- as directed by the learned principal judge as also continue to make payment of the rent of Rs.30,000/-, which is being paid by him. The statement is accepted.

4.

Learned counsel for the petitioner submits that the petitioner is willing to file further affidavit disclosing all the assets/investments of the petitioner and place the same on the record of the family court, when the family court re-consider the matter. 5.

Accordingly, the petition is disposed of in the above terms. No costs.

6.

All contentions of the parties on merits of the matter are expressly kept open.

7.

Needless to observe that payment of interim maintenance at Rs.50,000/- per month and the rent of Rs.30,000/- per month are strictly without prejudice to the rights and contentions of the petitioner. At this stage Ms. Firdaus Moosa, learned counsel for the respondent submits that respondent be permitted to withdraw the amount which are deposited with the family court. Learned counsel for

Devendra 3/3 19-wp-1179-2018.odt the petitioner has no objection in that regard. Accordingly, the amount so deposited is permitted to be withdrawn without prejudice to the rights and contentions of the parties.

8.

Learned Principal Judge of the Family Court shall endevour to decide the application for interim maintenance as expeditiously as possible and preferably within a period of two months from today. (G.S. KULKARNI, J.)