Bombay High Court
Ruby Yazdi Parekh vs Yazdi Nariman Parekh on 30 November, 2023
Author: Abhay Ahuja
Bench: Abhay Ahuja
12-IAL-22731-2022.doc
IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY
ORDINARY ORIGINAL SIDE JURISDICTION
INTERIM APPLICATION (L) NO.22731 OF 2022
IN
PARSI SUIT NO.7 OF 2022
RUBY YAZDI PAREKH )...APPLICANT
V/s.
YAZDI NARIMAN PAREKH )...RESPONDENT
Ms.Kashmira Bharucha i/by Mr.Prasad Gajbhiye, Advocate for the
Applicant/Defendant.
Mr.Paresh Desai a/w. Ms.Archana Dukhande, Advocate for the
Respondent/Plaintiff.
In the presence of the following delegates :-
1. Mr.Errick Elavia (Foreperson)
2. Commodore Medioma Bhada (Retd.)
3. Mr.Farhad H. Hozdar
4. Ms.Pearl Mistry
5. Mr.Rumy Zarir
CORAM : ABHAY AHUJA, J.
DATE : 30th NOVEMBER, 2023 P.C. :
1. This Interim Application seeks the following prayers :
"(a) That this Hon'ble Court be pleased to direct Plaintiff husband to pay the Applicant wife the interim maintenance of Rs.50,000/- (Rupees Fifty Thousand) per month till the disposal of the suit;
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(b) That this Hon'ble Court be pleased to direct the Plaintiff husband to permit and allow the Applicant to access to Flat No.103, Meher Homes, Gandhi Nagar, Jogeshwari (West), Mumbai - 400 102 without any obstructions and thereby removing the locks put on the said flat with further directions to handover the original and/or duplicate keys to the Applicant;
(c) That this Hon'ble Court be pleased to direct the Plaintiff to pay the fees of Rs.30,00,000/- (Rupees Thirty Lakhs) approximately towards the MBA course of a son;
2. Reply as well as rejoinder has been filed in the matter.
3. Ms.Kashmira Bharucha, learned Counsel for the Applicant/ Defendant has argued in support of the prayers.
4. Mr.Paresh Desai, learned Counsel for the Respondent/Plaintiff, tenders across the bar written arguments opposing the claim for interim maintenance by the Defendant. Mr.Desai would submit that Prayer clause (c) is not maintainable in as much as under Section 49 of the Parsi Marriage and Divorce Act, 1936, the interim orders for education of children can be passed in respect of children who are under the age of 18 years whereas the son is 24 years of age. As far as the Defendant's claim for interim maintenance is concerned, learned Counsel refers to the written arguments and submits that on the basis avk 2/3 ::: Uploaded on - 01/12/2023 ::: Downloaded on - 02/12/2023 23:35:58 ::: 12-IAL-22731-2022.doc of the disclosure of assets and liabilities filed by the Defendant-wife, she is a partner in Chartered Accountant firm by the name Kalpesh Uday & Associates. Learned Counsel for the Defendant opposes the submission stating that the said firm has closed down and presently the Defendant is working as a contract lecturer in Bhavan's College, Andheri, drawing a salary of Rs.33,000/- per month.
5. Considering that there are factual submissions sought to be tendered by way of written arguments on behalf of the Plaintiff, let the Plaintiff put down the written arguments in the form of an affidavit to which the Defendant is at liberty to file a reply. Let the said further affidavit be filed within within a period of two weeks. Reply to the said affidavit be filed within a period of two weeks thereafter.
6. List on 4th January 2024.
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