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Bombay High CourtMCA/242/2016disposed of

Mrs. Juliet Lopes. v. Mr. Andrew Rego, Represented By His Duly Constituted Poa Mr. Felipe Jose Noronha.

2016-05-03Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 242 OF 2016 IN WRIT PETITION NO. 563 OF 2015 MRS. JULIET LOPES.

... Applicant

Versus

MR. ANDREW REGO, REPRESENTED BY HIS DULY CONSTITUTED POA MR.

FELIPE JOSE NORONHA.

... Respondent Adv. Vinod Vishnu Korgaonkar for the Applicant. Coram:- C. V. BHADANG, J.

Date:- 3rd May, 2016 P.C.:

Heard the learned counsel for the applicant. Although the respondent is served, none appears.

2. By the judgment and order dated 11/2/2006 in Writ petition no.563/2015, this Court has modified the maintenance awarded to the applicant. Consequently, the interim maintenance is modified to Rs.6000/- per month from Rs.8000/- as granted by the trial Court with a direction that the remaining amount at the rate of Rs.2000/- per month shall be kept in deposit. The respondent has deposited the amount of Rs.2,96,000/- before this Court on 3/11/2015, in compliance with the order dated 8/10/2015. By this application, the applicant is seeking an order for release of the arrears of maintenance

MCA/242/2016 at the rate of Rs.6000/- per month.

3. On hearing the learned counsel for the applicant, I find that the amount of Rs.2,96,000/- lying in this court can be transferred to the Court of learned Civil Judge, Senior Division at Panaji in Matrimonial petition no.63/2011/A. The learned Senior Civil Judge shall allow the applicant to withdraw the arrears of maintenance at the rate of Rs.6000/- per month and shall keep the remaining amount calculated at the rate of Rs.2000/- per month in deposit in any nationalized bank, in compliance with the order of this Court dated 11/2/2006. The applciaiton is disposed of with the aforesaid terms.

4. The office shall forthwith transfer the amount to the trial court. C. V. BHADANG, J.

ap/-