Aswini Ashok Bhosale v. Shri Ashok Narsingrao Bhosale And Others

CA309/15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, AT MUMBAI CIVIL APPLICATION NO.309 OF 2015 IN FAMILY COURT APPEAL NO.113 of 2006 Mrs. Ashwini Ashok Bhosale, Age :Adult, Occ. Nil C/O Sudhakar M. Shinde, B/6/91, Shanti Rakshak Society, Pune 411006 ..

Applicant V/s 1) Mr. Ashok Narsinghrao Bhosale, Age : 60 years, Occ. Service, R/at Aamdar Niwas, in front of Akashwani Behind Mantralaya, Mumbai- 400032 or Ganpatnagar Chowk, N.A.H. Room No.4, Ashala, Ulhasnagar.

2) Supervisor/ Manager Aamdar Niwas In front of Akashwani Behind Mantralaya, Mumbai 400032 ..

Respondents Mr. Dormaan J. Dalal, Advocate i/by Mr. Sugandh B. Deshmukh, Advocate for the appellant/ applicant. CORAM :- A. S. OKA & C. V. BHADANG, JJ.

Reserved on : 3 rd February, 2016 Pronounced on : 13 th July, 2016 ORDER : (Per C. V. Bhadang, J.) In this application, the appellant has claimed

CA309/15 a direction against the Supervisor/ Manager, Aamdar Niwas (where the respondet no.1 is serving), not to part with pension, gratuity or other retirement benefits of the respondent no.1, without permission of the Court and for a direction to deposit 50% of the said amount. The applicant is also seeking direction to the respondent to pay arrears of maintenance from the year 2008 along with interest. She is also claiming enhancement of maintenance from Rs.1,000/- per month to 12,500/- per month.

2.

It is evident that in the absence of any evidence about present earning as also the requirement of the applicant, no order for enhancement of maintenance can be passed. It is open to the appellant to take recourse to appropriate remedy both for enhancement of maintenance and for recovery of the arrears, if so advised.

3.

The Civil Application is accordingly disposed of.

C. V. BHADANG, J.

A. S. OKA, J.

SMA