Mrs. Mangala Pandharinath Hagwane v. Mr. Pandhrinath Suresh Hagwane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.7 OF 2015 IN FAMILY COURT APPEAL NO.6 OF 2015 Mrs.Mangala Pandharinath Hagwane Applicant versus Pandharinath Suresh Hagwane Respondent Mr.Sachin Jayaram Kadam for Applicant.

Mr.R.M.Haridas i/by Mr.A.D.Landge for Respondent. CORAM : A.S.OKA AND P.D.NAIK, JJ.

DATE : 27th April 2016 PC :

1.

Heard learned counsel for the parties. The appeal preferred by the Applicant-Wife challenging the decree of divorce has been admitted for final hearing. Hence, execution and operation of the impugned decree is required to be stayed. We, therefore, pass following order :

ORDER

(a) Rule is made absolute in terms of prayer clause (a). (P.D.NAIK, J.) (A.S.OKA, J.) MST

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6 OF 2015 IN FAMILY COURT APPEAL NO.6 OF 2015 Mrs.Mangala Pandharinath Hagwane Applicant versus Pandharinath Suresh Hagwane Respondent Mr.Sachin Jayaram Kadam for Applicant.

Mr.R.M.Haridas i/by Mr.A.D.Landge for Respondent. CORAM : A.S.OKA AND P.D.NAIK, JJ.

DATE : 27th April 2016 PC :

1.

Heard learned advocate for the Applicant-Wife. Learned counsel for the Respondent seeks time. It is not in dispute that during pendency of the petition filed by the Respondent-husband before the Family Court, maintenance @ 27.5% of the emoluments payable to the Respondent, who is in military service, was being deducted from the salary payable to him and was directly transferred to the Applicant. Learned counsel for the Applicant has placed on records monthly salary slip for the month of July-2014 of the Respondent, which shows that a sum of Rs.7,413/- was being deducted from the salary payable to the Respondent on account of FAMO and the said amount was being paid to the Applicant.

2.

Place the application for hearing on 30th June 2016. By way of ad-interim relief, we direct that from the date of filing of the appeal, the Respondent shall pay monthly maintenance of Rs.7,413/- to the Applicant. The arrears payable up to 30th April 2016 shall be paid by 15th June 2016. The amount payable from May-2016 onwards shall be paid on or before 10th day of every calendar month.

3.

The advocate for the Applicant to supply details of the bank account of the Applicant to the advocate for the Respondent. The Respondent shall transfer the amounts of monthly maintenance directly to the said bank account of the Applicant. (P.D.NAIK, J.) (A.S.OKA, J.) MST