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Bombay High Court

Mr. Sanjay Manohar Surve vs Mrs. Nandini Sanjay Surve on 3 September, 2021

Bench: A. A. Sayed, S.G.Dige

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                                                                                        6-fca-91-2019.doc
TRUPTI
SADANAND
BAMNE                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
                                      CIVIL APPELLATE JURISDICTION
TRUPTI SADANAND
BAMNE
Date: 2021.09.06
22:02:24 +0530
                                    FAMILY COURT APPEAL NO.91 OF 2019
                                                   WITH
                                     CIVIL APPLICATION NO. 212 OF 2019
                                                     IN
                                    FAMILY COURT APPEAL NO. 91 OF 2019

                  Sanjay Manohar Surve                                          ...Appellant
                           Versus
                  Nandini Sanjay Surve                                          ...Respondent


                  Mr.Mohan Pillai i/b. Ms.Madhavi Pillai for the Appellant.
                  Mr.Viraj Kadam for the Respondent.


                                             CORAM :      A. A. SAYED &
                                                          S.G.DIGE, JJ.

DATED : 3rd SEPTEMBER 2021 P.C.:

1. On 27th August, 2021, we have passed the following order :

"It is an admitted position that from the date of the impugned order dated 26 November 2018 of the Family Court, Mumbai, the Appellant-husband has not paid the maintenance at the rate of Rs.10,000/- per month as also the rent at the rate of Rs.10,000/- per month to the Respondent-wife as directed by the Family Court.

6-fca-91-2019.doc

2. Learned Counsel for the Respondent-wife states that till today the balance amount of maintenance is about Rs.3,60,000/-. Learned Counsel for the Appellant-husband has handed over a cheque of Rs.70,000/- to the learned Counsel for the Respondent-wife today. He states that the balance of the amount as directed by the Family Court shall be cleared within six months from today and seeks time. The Appellant-husband shall file an Undertaking on the next date to the effect that he shall clear the balance amount of maintenance within a period of six months in equal installments and shall also pay the maintenance as directed by the Family Court from the month of September, 2021 regularly, subject to further orders.

3. List the Petition on 3 September 2021 (H.O.B.)"

2. Learned Counsel for the Respondent-wife has pointed out that as stated in the order dated 27th August, 2021 apart from the order of maintenance of Rs. 10,000/- per month, the Appellant-husband is also directed to pay rent at the rate of Rs. 10,000/- per month, which makes it Rs. 20,000/- per month.

3. We make it clear that the order dated 27th August, 2021 has been passed without prejudice to the rights and contentions of the parties and the Respondent -wife is not precluded from insisting the payment Trupti 2/4 3/4 6-fca-91-2019.doc of the rent at the rate of Rs.10,000/- per month.

4. Today, learned Counsel for the Appellant-husband has filed an Undertaking before this Court. The Undertaking states as follows :

"I, Mr. Sanjay Manohar Surve, the Appellant abovenamed, Adult, Hindu, Indian Inhabitant, Age 57 years, Occ: Auto Rickshaw Driver, Residing at Asmita Jyoti, E-1, Room No. 45, 4th Floor, Marve Road, Malad (W), Mumbai - 400 095 state on solemn affirmation as under :-

1. I say that the Hon'ble Family Court in its Judgment dated 16/07/2012 in A 2256/2010 has directed me to "pay an amount of Rs. 2,000 to the Petitioner wife, Rs. 3,000/- to the elder daughter Priyanka and Rs. 3,000/- to the younger daughter Aditi". I say that an amount of Rs. 3,60,000/- was pending as per the Judgment and Order dated 16/7/2012 out of which I have handed over an amount of Rs. 70,000/- to the Counsel for the Respondent wife on 27/08/2021. Thus the total amount pending as per the order dated 16/07/2012, till date is Rs. 2,90,000/-.

2. I say that I am submitting this undertaking forthwith to state that I intend to clear the due amount of Rs. 2,90,000/- within 6 equal monthly installments of Rs. 48,333/- which is as follows :-

a) 1st Installment on 30/09/2021- Rs. 48,333/-

6-fca-91-2019.doc

b) 2nd Installment on 30/10/2021- Rs. 48,333/-

c) 3rd Installment on 30/11/2021- Rs. 48,333/-

d) 4th Installment on 30/12/2021- Rs. 48,333/-

e) 5th Installment on 30/01/2022- Rs. 48,333/-

f) 6th Installment on 29/02/2022 -Rs. 48,333/-

3. I say that whatever is stated in the foregoing paragraphs is true and correct to the best of my knowledge and belief, and I believe the same to be true".

5. We accept the Undertaking and make it clear that the Respondent-wife is not precluded from insisting on the payment of rent of Rs. 10,000/- per month as ordered by the Family Court.

6. List the Civil Application along with Family Court Appeal after three weeks. Respondent -wife may file Reply to the Civil Application before the next date with advance copy to the learned Counsel for the Appellant-husband.

7. Stand over to 24th September, 2021.

         (S.G.DIGE, J.)                           (A. A. SAYED, J.)




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