Sumitra Ganesh Khalipe v. Ganesh Sadashiv Khalipe

16-FCA-30-2023.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 30 OF 2024 Sumitra Ganesh Khalipe ...Appellant

Versus

Ganesh Sadashiv Khalipe

...Respondent

_______ Mr. Pradip Chavan a/w Shweta Borhade and Adesh Kachare for the Appellant.

Mr. Virendra Pethe for Respondent.

_______

CORAM:

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE:

17 JANUARY 2025 P.C.

1. Mr. Pethe, learned counsel for the respondent states that he has instructions to appear for respondent-husband. Mr. Chavan, learned counsel for the applicant/appellant has stated that the case of the applicant is in regard to the enhancement of the amount of alimony as granted by the Family Court under the impugned order dated 23 August 2023 which is an amount of Rs. 20,000/- per month to be paid to the applicant by the respondent and Rs.10,000/- to be paid towards rent of the house. It is his contention that from the year 2018, till date the arrears of Rs.3,00,000/- are due and payable. His contention is that the applicant is entitled to the enhancement as in the year 2018 the respondent's salary as per the salary 17 January 2025 Kiran Kawre

16-FCA-30-2023.DOC certificates-statement issued by the employer-Carnival was more than Rs.4,30,000/- per month. He states that now there is change in his salary, as now the respondent is promoted to the post of Director of Food and Beverage and certainly has a higher salary. In this circumstances, we direct the respondent to place on record an affidavit annexing his latest emoluments/Salary certificate issued by his employer. We also direct the respondent to clear the arrears of Rs. 3,00,000/- as payable to the applicant on or before the adjourned date of hearing.

2. Let the affidavit be served on the advocate for the applicant well in advance. List the proceeding on 7 February 2025.

3. At this stage, learned counsel for the respondent submit that the applicant also needs to place on record an affidavit of her salary. As fairly agreed by Mr. Chavan, learned counsel for the applicant let the same be also placed on record. A copy of the same be also served on the advocate for the respondent. (ADVAIT M. SETHNA, J.) (G. S. KULKARNI , J.) 17 January 2025 Kiran Kawre