Bombay High CourtCAO/541/2019admittedallwdgrantedrule absolute

Sau. Ekta W/O Mangesh Khobragade v. Shri Mangesh S/O Kishor Khobragade

2019-09-24Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Smt. Justice Pushpa V. Ganediwala2 pages

1 904.cao541.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH NAGPUR CIVIL APPLICATION NO.541/2019 IN FAMILY COURT APPEAL NO.10/2019 Sau Ekta W/o. Mangesh Khobragade ..VS..

Shri Mangesh S/o. Kishor Khobragade - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M. P. Kariya, Advocate for the appellant Shri A. B. Bambal, Advocate for the respondent CORAM : Z.A.HAQ AND PUSHPA V. GANEDIWALA, JJ.

DATED : 24 th September 2019 Heard.

2] Undisputedly, during the pendency of the trial there was an order of the trial Court for interim maintenance of Rs.5000/- per month to the appellant inclusive of maintenance of Rs.2000/- to the child. The divorce petition is decreed in favour of the respondent. The said judgment and decree is challenged in this appeal. The appeal being a continuation of the original petition, in our opinion, the appellant is entitled for interim maintenance of Rs.5,000/- per month inclusive of Rs.2000/- to the child. Age of the child is now five and half years. He is said to be going to school. Learned Advocate for the respondent submits that the appellant is already getting maintenance of Rs.1500/- in proceedings under the Protection of Women from Domestic Violence

2 904.cao541.2019 Act, 2005. Undisputedly, at the time of order of interim maintenance of Rs.5000/-, the child was not going to school. In this view of the matter, we are of the view that at this stage Rs.6500/- which includes Rs.1,500/- as per the order in proceedings under the Protection of Women from Domestic Violence Act, 2005 for the appellant and her child, would be a reasonable amount towards interim maintenance, from the date of judgment of the family Court.

Civil application is allowed. No costs.

The appellant is directed to provide account number to the respondent so that he will deposit the amount of maintenance in the account regularly. (PUSHPA V. GANEDIWALA, J.) (Z.A. HAQ, J.) Namrata