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Bombay High CourtFCA/201/2017disposed off

Mrs. Supriya Prashant Karanje v. Mr. Prashant Madan Karanje

2019-10-18Hon'Ble Shri Justice S.J. Kathawalla,Hon'Ble Shri Justice Akil Kureshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 201 OF 2017 WITH CIVIL APPLICATION NO. 12 OF 2017 WITH CIVIL APPLICATION NO. 191 OF 2019 Supriya P. Karanje ... Appellant V/s.

Prashant M. Karanje ... Respondent ---------------- Mr. Ranvir Shekhawat i/b Raj Legal for the Appellant/Applicant.

Ms Prabha Badadare for the Respondent.

----------------

CORAM

:

AKIL KURESHI & S.J.KATHAWALLA, JJ.

DATE :

OCTOBER 18, 2019.

P.C.

1] This appeal is fled by the wife seeking enhancement of maintenance awarded by the Family Court. Presently, the husband is paying a total of Rs.11,000/- by way of maintenance to the wife under the orders passed by the Family Court under the Domestic Violence Act. The record would suggest that the husband is engaged in Sorting department in the Indian Postal Services. His currently salary is approximately of Rs.65,000/- per month. Even in the order passed by the Family Court, it was recorded that in the year 1/3

2016 his income was recorded in the vicinity of Rs.45,000/- per month.

2] There is no evidence of employment of the wife. The Counsel for the husband submitted that the husband looks after his aged parents. Counsel for the applicant would point out that he had another brother and in any case, the father is retired from the government service earning pension. The mother was also employed by a private company. Therefore, according to him, the husband does not have the entire responsibility to maintain the family.

3] Considering such factors, we direct the respondenthusband to pay monthly maintenance at the rate of Rs.20,000/- from the date of this appeal till 31.12.2017 and thereafter at the rate of Rs.25,000/- per month. This would include the liability of Rs.11,000/- per month being paid presently. The arrears may be cleared latest within two months from today.

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4] Presently, the husband is paying a total of Rs.61,000/- per month which comprised of Rs.11,000/- of monthly maintenance and arrears amount of Rs.50,000/-. This payment shall continue till the arrears as per this order are fully cleared.

5] With aforesaid directions, this appeal is disposed of. 6] In view of disposal of the main appeal, Civil Application Nos. 12 of 2017 and 191 of 2019 do not survive and the same are also disposed of.

(S. J. KATHAWALLA, J.) (AKIL KURESHI, J.) 3/3