Javer Ramesh Gindra v. Ramesh Aashdhir Gindra

915 CAM 79 OF 2012.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.79 OF 2012 IN FAMILY COURT APPEAL NO.45 OF 2012 Mrs. Javer Ramesh Gindra ... Applicant V/s.

Mr. Ramesh A Gindra .... Respondent Mr. Mohan Pillai I/by Madhavi Pillai, for the Appellant Mr.R.R. Salvi I/by Ms. Suvarna Telgote, for the Respondent CORAM : V. M. KANADE & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATE : 3rd SEPTEMBER, 2015.

P.C. :

1.

This application is taken out seeking maintenance during the pendency of the appeal. During the pendency of the said petition, the trial court had directed respondent/husband to pay maintenance of Rs.5,000/-. The said order was passed in 2007. The applicant wife, by this application, is seeking maintenance at the rate of Rs.10,000/-. According to applicant the income of the husband is about Rs.35,000/- per month. The learned counsel appearing for respondent, however, has denied Page No.1 of 2

915 CAM 79 OF 2012.doc the said contention and stated that the income of respondent/husband is Rs.10,000/- per month. He has three children staying with him and he is looking after their education and all other requirements. He submits that the applicant is staying with her father and therefore, maintenance application be dismissed.

2.

It is an admitted position that the trial Court had granted interim maintenance and has directed the husband to pay Rs.5,000/- to wife per month in the year 2007. More than six years have elapsed after the said order is passed by the Family Court. Taking into consideration the cost of leaving index, the said maintenance is enhanced to Rs.7,500/-. The application, therefore, is allowed. The respondent/husband is directed to pay maintenance to the wife at the rate of Rs.7,500/- from the date of this order.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [V. M. KANADE, J.] C E R T I F I C A T E Certified to be true and correct copy of the original signed order Page No.2 of 2