← Library
Bombay High CourtCAM/23/2017disposed off

Mildred Stanley Pereira v. Stanley Victor Pereira

2017-01-25Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 23 OF 2017 IN FAMILY COURT APPEAL NO. 83 OF 2010 Mildred Stanley Pereira ..Applicant In the matter between Mildred Stanley Pereira ..Appellant v/s.

Stanley Victor Pereira ..Respondent Mr. R.T.Lalwani r/w. Ms. S.I.Jayakar (Lalwani) for the Petitioner Mr. Mahesh Rawool i/b. Mr. P.B.Shah for the Respondent. CORAM : A.S.OKA & ANUJA PRABHUDESSAI, JJ.

DATED : 25TH JANUARY, 2017 P.C.

1.

Heard the learned Counsel appearing for the applicant and the learned Counsel appearing for the respondent. As per the order dated 11th August, 2016, the applicant is required to take her minor son to the Children's Complex at the Family Court at Bandra (West),

Mumbai. As per the said order, the applicant is required to take her son on every first and third Saturday to the Children's Complex. The present application is for grant of traveling expenses. According to the case of the applicant, one way fare for taxi from her place of residence at Mahul to the Family Court at Bandra is Rs.400/- and Rs.200/- for autorickshaw. The respondent has produced an estimate of the Taxi Fare which is in the range of Rs.133/- or 158/-. However, the same is based on approximate estimate of travel time of 25 minutes or 30 minutes. It is not possible to accept that traveling time will be only 25 or 30 minutes.

2.

Therefore, we deem it appropriate that the respondent should pay a reasonable amount of Rs.600/- per visit to the applicant on the first and third Saturdays, on which the respondent is granted access to meet the minor child in the Family Court at Bandra. Accordingly, we pass the following order:

i) We direct the respondent to pay a sum of Rs.600/- to the applicant per visit to the Family Court along with the son, on first and third Saturdays, towards the traveling charges. This amount will be

payable from the date of filing this application. ii) Arrears payable upto date shall be paid within a period of four weeks from today.

Iii) Application is disposed of accordingly.

(ANUJA PRABHUDESSAI, J.) (A.S.OKA, J.)