Mrs. Sheela Surendrakumar Maurya v. Dr. Mr. Surendrakumar L. Maurya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 170 OF 2016 IN FAMILY COURT APPEAL NO. 97 OF 2015 MRS. SHEELA SURENDRAKUMAR MAURYA ..APPLICANT Vs.

DR. MR. SURENDRAKUMAR L. MAURYA ..RESPONDENT Mr. Ramashish S. Maurya for the Applicant Shri. Mandar Limaye i/b Shri. Sagar Ambedkar for the Respondent CORAM :

R. M. SAVANT, J & SMT. SADHANA S. JADHAV, J.

DATE :

22nd JUNE, 2017 P.C.

The above Civil Application has been filed by the Applicant/Wife claiming maintenance @ rate of Rs. 50,000/- per month pending hearing and final disposal of the above FCA. The above FCA is admitted on 15/10/2015 and is pending hearing and final disposal. The Applicant/Wife is a housewife whereas the Respondent/Husband is a dentist by profession and has his clinic in Dahisar since the last about 15 years. The Applicant is residing in a two bedroom flat which is of the ownership of the Respondent/Husband. The Respondent is paying maintenance charges to the society in question in respect of the said flat. Two off springs i.e. one son and one daughter are also residing with the Respondent. Son is prosecuting education and is in the 4th year

Chemical Engineering in UDCT Wadala whereas daughter has passed HSC examination, the results of which were declared recently. It is required to be noted that the Respondent was paying an amount of Rs. 5,000/- to the Applicant as maintenance pending the Marriage Petition. He has continued to pay the same and has paid @ rate of Rs. 5,000/- till November 2016.

Considering the fact that the Applicant is a housewife and would require some amount for her maintenance, We are of the considered view that an amount of Rs. 10,000/- per month would suffice for her maintenance and sustainance. However, the said amount would be payable from June 2017. In so far the amount which was being paid @ rate of Rs. 5,000/- per month is concerned, the Respondent may pay the maintenance at the said rate up to May 2017. The arrears, if, they can be called so can be cleared within 8 weeks from date. The amount for June 2017 also to be paid within 2 weeks from date.

In the light of the above, the relief sought by the Applicant/Wife for maintenance @ rate of Rs. 50,000/- per month cannot be acceded to. The Civil Application is partly allowed to the aforesaid extent and disposed of.

Needless to state that the Respondent/Husband would continue to pay the maintenance of the flat wherein the Applicant is residing as well as the property taxes for the same.

[SMT. SADHANA S. JADHAV, J.] [R.M.SAVANT, J]