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Bombay High CourtWP/7615/2017disposed off

Shri. Durgaprasad Shetty And ANR. v. Durgaprasad Jairam Shetty

2018-02-08Hon'Ble Shri Justice G. S. Kulkarni2 pages

Pvr 1/2 906wp7615-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition NO. 7615 OF 2017 Shriti Durgaprasad Shetty And Anr.

...Petitioners

Versus

Durgaprasad Jairam Shetty

...Respondent

Mr.Sahil Mahajan, for the Petitioners.

Mr.S.M.Oak i/b. Mr.S.A.Joshi, for the Respondent. --- CORAM : G.S.KULKARNI, J.

DATE : 8 February 2018 P.C. :

1.

After this petition was heard for some time, Mr.Oak, learned Counsel for the respondent, on instructions, makes a statement that the respondent is willing to make payment of Rs.20,000/- per month with effect from February,2018 towards the compensation/rent for the premises which would be rented out by the petitioner. Statement is accepted.

2.

However, as regards the petitioner's contention that an amount of Rs.15,000/- being paid by the respondent to the petitioner towards maintenance of the daughter, is not sufficient and that it would be required to be enhanced, it is appropriate that the petitioner is permitted to move a necessary application before the family Court in

Pvr 2/2 906wp7615-17.doc that regard, if the circumstances so warrant and also taking into consideration the fact that when the Court considered the application of the petitioner below Exhibit 7 on which the impugned order dated 3 January 2017 is passed, the necessary break-up of expenditure of child was not before the Court.

3.

As regards the claim for any maintenance to the petitioner, if there is any change of circumstance, it would be always open to the petitioner to point out the changed circumstance and make a necessary application to the trial Court as and when need so arises. 4.

Learned Counsel for the petitioner on instructions of the petitioner makes statement that after the respondent returns from United States of America in May,2018, the petitioner shall grant access of the minor daughter to the respondent on every Sunday between 11 a.m. to 2 p.m. at a place which would be mutually decided by the parties. Statement is accepted.

5.

Petition is disposed of in the above terms. No costs. (G.S.KULKARNI, J.)