Bombay High Court
Mildred Stanley Pereira vs Stanley Victor Pereira on 16 December, 2021
Bench: A. A. Sayed, Abhay Ahuja
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10.IA.3506.2021-U.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3506 OF 2021
IN
FAMILY COURT APPEAL NO. 83 OF 2010
Mildred Stanley Pereira ...Petitioner
Versus
Stanley Victor Pereira ...Respondent
WITH INTERIM APPLICATION NO. 3509 OF 2021 IN FAMILY COURT APPEAL NO. 34 OF 2015 WITH INTERIM APPLICATION NO. 3507 OF 2021 IN FAMILY COURT APPEAL NO. 83 OF 2010 WITH CROSS OBJECTION (ST) NO. 1 OF 2017 IN FAMILY COURT APPEAL NO. 83 OF 2010 WITH CONTEMPT PETITION (ST) NO. 24956 OF 2019 IN INTERIM APPLICATION NO. 81 OF 2019 IN FAMILY COURT APPEAL NO. 34 OF 2015 Mr. R. T. Lalwani a/w. Adv. S. Jaykar (Lalwani), Adv. J. K. Shah a/w. Adv. Archit Manurkar i/b. RJ Law for the Petitioner/Applicant Adv. Avinash B. Avhad i/b. Adv. M. V. Rawool for the Respondent.
CORAM : A. A. SAYED &
ABHAY AHUJA, JJ
DATED : 16th DECEMBER, 2021
AKN 1/3
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10.IA.3506.2021-U.doc
P.C.:
INTERIM APPLICATION NO. 3506 OF 2021 The Interim Application is fled seekinn the followinn reliefs:
(a) That this Hon'ble Court may be pleased to pass an order directinn the Respondent to pay Rs.1,26,853/- to the Applicant towards reimbursement of fees paid by the Applicant for the frst year of Bachelor of Ennineerinn (I.T.) Course of the son Ansfrid.
(b) That this Hon'ble Court may be further pleased to pass an order directinn the Respondent to pay to the Applicant, the amount of annual fees required to be paid to Don Bosco Institute of Technolony, every year, before the date of payment as may be fied by the Institute, till the completion of the Course.
(c) That the Respondent may be directed to pay Rs.69,000/- to the Applicant towards cost of the computer/laptop purchased for online learninn for the son.
2. It is pointed out by learned Counsel for the Applicant-wife that the Applicant-wife has paid an amount of Rs.1,26,853/- towards fees for the son - Ansfrid who is studyinn in Ennineer Collene, for the year 2020-21 as well as for the year 2021-22 which annrenates to Rs.2,53,706/-. Apart from this amount, it is pointed out that the Applicant-wife has paid a sum of Rs.69,000/- towards computer/laptop purchased by the son.
3. Learned Counsel for the Applicant-wife further states that AKN 2/3 3/3
10.IA.3506.2021-U.doc the Respondent-husband has not even paid maintenance amount of Rs.35,000/- per month as directed by this Court vide order dated 2nd Aunust, 2019 in the Family Court Appeal No. 34 of 2015 and connected Family Court Appeal No. 8 of 2015.
4. Accordinn to learned Counsel for the Applicant-wife the arrears of maintenance are now about Rs.3,15,000/- and the total of all the aforesaid amounts comes to Rs.5,68,706/-.
5. Learned Counsel for the Respondent-husband seeks time to fle Affidavit-in-Reply to the Interim Application.
6. Subject to further orders, we direct the Respondent-husband to presently pay to the Respondent-wife an amount of Rs.3.00 lac within one week from today.
7. Let Affidavit-in-Reply be fled by the Respondent-husband by 3rd January, 2022. Rejoinder, if any, to be fled before the neit date.
8. List the Interim Application on 24th January, 2022.
(ABHAY AHUJA, J.) (A. A. SAYED, J.) AKN 3/3