1 NMS.3/10 & 4/10-S.32/08 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY PARSI CHIEF MATRIMONIAL COURT NOTICE OF MOTION NO. 3 OF 2010 AND NOTICE OF MOTION NO.4 OF 2010 IN SUIT NO. 32 OF 2008 Jasmine Cusrow Damania ...Plaintiff Vs. Cusrow Minoo Damania ...Defendant Mr. Zuben Behram Kamdin with Ms. Nityoah Suneel i/b. N. Suneel & Assoc. for Plaintiff Defendant present in person CORAM : SMT. ROSHAN DALVI, J. DATED : 8TH OCTOBER, 2010 P.C. : 1. This Notice of Motion is for maintenance for the wife as well as the child of the Defendant. It is also for reliefs of payment of medical bills and for injunction restraining the Defendant from coming into the matrimonial home. 2. The parties have been interviewed. The parties agreed to work out their differences by providing one flat by either of the parties to the other. It was ultimately to be provided by the wife to the husband 2 NMS.3/10 & 4/10-S.32/08 because the Defendant husband has shown his financial incapacity for purchasing another flat. The negotiations have not worked out. The wife at present does not press for the injunction sought or for the relief of claiming medical bills at present. 3. The maintenance amount has to be determined. The only evidence before the Court is the husband’s net salary after all deductions shown to be Rs.38,300/- mentioned in paragraph 7 of his affidavit in reply. 4. The parties agreed that Rs.15000/- would be paid by way of maintenance for the wife as well as child at the ad-interim stage. The parties also agreed that the husband shall pay school fees and tuition fees. That order has been complied. There is no further evidence to show further income or properties of the husband. The ad-interim order is, therefore, confirmed pending the suit and pending the trial when both the parties may be cross examined on their respective incomes and properties. 5. However the wife is stated not to be earning. The husband has not shown that the wife has any independent income. The wife has to be paid legal costs of these applications as well as of the suit. 6. The husband shall pay the costs of both these applications fixed at Rs. 20,000/- to the wife. 3 NMS.3/10 & 4/10-S.32/08 7. The costs of the suit shall be determined at the time of the hearing of the suit. 8. The costs shall be paid within two seeks. 9. Notice of Motions are disposed off accordingly. (SMT. ROSHAN DALVI, J.)