Mr. Naresh Dewnani v. Mrs. Soni Naresh Dewnani

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 97 OF 2019 Mr.Naresh Dewnani ...

Appellant (Org.Respondent)

Versus

Mrs.Soni Naresh Dewnani ...

Respondent (Org.Petitioner) ALONG WITH CIVIL APPLICATION NO. 146 OF 2019 IN FAMILY COURT APPEAL NO. 97 OF 2019 Ms.Martina Sapkal i/b. M/s. Arun Sapkal and Company for the Appellant. Ms.Babita Pandey for the Respondent.

Mr.Naresh Dewnani - Appellant husband present in person. CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE : 19TH JULY, 2019 P.C.:

1.

This Appeal is filed by the husband challenging the judgment and decree of the Family Court, Mumbai dated 11th December, 2018 passed in Petition No. A-1444 of 2012. The said Petition was filed by the wife for dissolution of marriage. The Family Court granted the decree of dissolution of marriage and also ordered the husband to pay permanent alimony of Rs.3,00,000/- to the wife, a further sum of Rs.2,50,000/- by way of compensation and costs of Rs.10,000/-. Thus, he has to pay a total sum of Rs.5,60,000/- as per the said judgment.

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It is against this judgment that the husband has preferred the present Appeal. During the course of the arguments, both sides arrived at a broad settlement. The husband did not press for the relief for setting aside the decree of dissolution of marriage. His grievance however was with respect to payment of total amount of Rs.5,60,000/- to the wife. During the course of the arguments, we learnt that the couple has a son who is presently aged about 23 years. Both sides agreed that the entire amount was be paid over to the son. However, the son may not be allowed to withdraw the capital for a period of five years. 3.

In view of these concessions, this Appeal is disposed off with following directions :

i.

The decree of dissolution of marriage is not disturbed. ii.

The Appellant husband shall pay a total of Rs.5,60,000/- to his son - Ashish Dewnani in four equal monthly installments falling due on 1st August, 2019, 1st September, 2019, 1st October, 2019 and 1st November, 2019. The son shall take out fixed deposits in any nationalised or a scheduled bank out of such sum for a period of five years. He will not be allowed to withdraw the said amount prematurely. However, the bank shall pay over interest accrued thereon quarterly. After the end of period of five years, the son will be allowed to utilize this amount as per his wish. iii.

The decree of the Family Court is modified to the above extent. iv.

The Execution Application filed by the wife before the Family Court would not survive.

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The Petition and Civil Application are accordingly disposed off. ( S.J.KATHAWALLA, J. ) ( AKIL KURESHI, J.)