Bombay High Court
Roma Rajesh Tiwari vs Rajesh Dinanath Tiwari on 15 December, 2023
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
5-ASIA-2674-2022+-.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2674 OF 2022
IN
FAMILY COURT APPEAL NO. 194 OF 2018
Roma Rajesh Tiwari ...Applicant/
Appellant
IN THE MATTER BETWEEN
Roma Rajesh Tiwari ...Applicant/
Appellant
Versus
Rajesh Dinanath Tiwari ...Respondent
WITH
CIVIL APPLICATION NO. 309 OF 2018
IN
FAMILY COURT APPEAL NO. 194 OF 2018
Mr. Rohaan Cama a/w Neha Ahliya, i/b Sapana Rachure ,
Advocates for the Applicant/Appellant.
Mr. Jitendra Tiwari, i/b S.R. Dube, Advocate for Respondent.
Mrs. Roma Rajesh Tiwari, Applicant-Wife is present in-person.
Mr. Rajesh Tiwari, Respondent-Husband is present in-person.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ.
Digitally DATE : DECEMBER 15, 2023 signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date:
2023.12.15 17:13:50 +0530 Page 1 of 4 DECEMBER 15, 2023 Ashwini Vallakati ::: Uploaded on - 15/12/2023 ::: Downloaded on - 16/12/2023 09:55:49 ::: 5-ASIA-2674-2022+-.doc PC :
1. The above Interim Application is filed not only seeking arrears of maintenance from the Respondent-Husband but also other expenses.
2. On 18th August 2023 we passed a detailed order in the above matter. To put in a nutshell, we have recorded a statement of the Respondent-Husband that the second installment of the school fees of Rs. 50,000/-, which was due in September 2023, will be paid on or before 31st October 2023. This apart, the Respondent-Husband also undertook that the monthly maintainance of Rs. 5,000/- per month (for the child), for the month beginning from August 2023 shall be paid by the Respondent-Husband to the Appellant-Wife without any default, on or before the 10th day of each month. Over and above this, the arrears of maintainance (of Rs. 1,70,000/-) was to be cleared in three installments of (i) Rs. 60,000/- on or before 15 th December 2023; (ii) Rs. 60,000/-
on or before 16th February 2024; and (iii) Rs. 50,000/- on or before 12 th April 2024.
3. The Respondent-Husband was in breach of depositing the school fees (of Rs. 50,000/-) as directed by the said order and also for Page 2 of 4 DECEMBER 15, 2023 Ashwini Vallakati ::: Uploaded on - 15/12/2023 ::: Downloaded on - 16/12/2023 09:55:49 ::: 5-ASIA-2674-2022+-.doc maintainance, for the months of September, October and November 2023 totalling to Rs. 15,000/-. Accordingly, this Court by its order dated 4th December 2023, recorded a statement of the Respondent-Husband that he would pay the school fees of Rs. 50,000/- to the Appellant-Wife on or before 8th December 2023 and would also pay the arrears of maintainance (for September, October and November 2023) Rs. 15,000/- on or before the said date.
4. Today when the matter is called out, we are informed that the school fees of Rs. 50,000/-, as well as the arrears of maintainance for the months of September, October and November 2023, have been cleared, albeit with some delay. The same is duly noted.
5. As per the order dated 18th August 2023, the first installment of the arrears of Rs. 1,70,000/- was due and payable today. Apart from this, the maintainance for the month of December also fell due on 10 th December 2023. The learned Counsel appearing on behalf of the Respondent-Husband has, on instructions, stated that the amount of Rs. 65,000/- (Rs. 60,000/- being the 1st installment to clear the arrears + Rs. 5,000/-, being the maintainance for December 2023) shall be paid to the Appellant-Wife through a Unified Payment Interface Page 3 of 4 DECEMBER 15, 2023 Ashwini Vallakati ::: Uploaded on - 15/12/2023 ::: Downloaded on - 16/12/2023 09:55:49 ::: 5-ASIA-2674-2022+-.doc (UPI) during the course of today. The said statement is accepted as an undertaking given to this Court.
6. We now place the above Interim Application on board on 12th January 2024 at 2:30 pm along with Civil Application No. 309 of 2018.
7. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] Page 4 of 4 DECEMBER 15, 2023 Ashwini Vallakati ::: Uploaded on - 15/12/2023 ::: Downloaded on - 16/12/2023 09:55:49 :::