1 cam.97-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 97 OF 2011 IN FAMILY COURT APPEAL NO.60 OF 2011 Vrinda Bharat Mhapsekar .. Applicant. Vs. Bharat Prabhakar Mhapsekar ...Respondent. -------- Ms. Shobha V. Shet, for the Applicant. Mr. J.J. Saxena, and Mr. N.B. Suvarna, for the Respondent. ------- CORAM : D.B.BHOSALE & M.L.TAHALIYANI, JJ. DATED : SEPTEMBER 29, 2011. P.C. 1. Heard learned counsel for the parties. 2. In this civil application the following prayers are made: (a) That pending the hearing and final disposal of the above appeal, the Respondent be ordered and directed to pay to the Appellant a sum of Rs.10,000/- per month towards maintenance of their son Uday; AND further a sum of Rs.10,000/- per month towards maintenance of the Appellant herself. 2 cam.97-2011 (b) That pending the hearing and final disposal of the above Appeal, the respondent be ordered and directed to pay to the Appellant a sum of Rs.27,988/-, already spent by her on schooling/educational expenses of minor son Uday, and claimed by Appellant in her enhancement Int.M.Appln. No. 223/2007, which was ordered to be decided along with main petition; (c) That the Respondent be ordered and directed to forthwith return to the Appellant all her Stridhan and belongings, and also the belongings of son Uday, as decreed. 3. Learned counsel for the parties on instructions from the parties who are present in the court have agreed for the following order: (i) From 1st October, 2011 onwards the respondent- husband shall pay a sum of Rs.7500/- per month as a maintenance to the child. The applicant-wife to open an account in bank within a period of 10 days from today in name of their son showing herself as his guardian, and shall provide the bank account number to the respondent-husband immediately thereafter. The the respondent-husband shall deposit the amount of Rs.7500/-, as aforementioned directly in the account of the child on or before 10th day of every month. For the month of October, 2011, he should deposit the said amount before the 3 cam.97-2011 end of this month. (ii) The respondent-husband has also agreed to open recurring deposit account of their son in the Bank of Baroda, Fort Branch, Mumbai within 2-3 weeks from today, showing himself as a guardian of the child, and shall deposit a sum of Rs. 2500/- in the said account on or before 10th of every month for a period of six years. He undertakes that he shall not withdraw that amount for whatsoever purpose without the permission of the court. His undertaking is accepted. It is needless to mention that after opening the account, the respondent shall furnish necessary details of the account to the applicant-wife immediately thereafter. (iii) On maturity of the recurring deposit account after six years, the respondent-husband shall hand over all the relevant documents to the child. His statement is accepted. (iv) On 2nd October, 2011 at 6.00 p.m., the respondent- husband to hand over all articles in the steel box which according to the applicant is lying with him in locked condition. He will take the steel box to the house of the applicant-wife along with his Advocate. He shall also take other belongings/articles, if any, of the applicant with the list thereof and hand them over to the applicant-wife. The applicant-wife shall take the possession of all the articles/belongings that will 4 cam.97-2011 be handed over by the respondent to her and give an acknowledgment thereof on the list prepared by the respondent. The applicant shall also keep her Advocate present on 2nd October, 2011 at 6.00 p.m. (v) If the keys of the box are not available, it is open to the parties to brake open the box in the presence of their Advocates and prepare a list of the articles therein and shall sign the same. (vi) The applicant-wife, without prejudice to her rights and contentions, shall accept all the articles in the box and other belongings, if any, that will be handed over to her by the respondent on 2nd October, 2011 at 6.00 p.m., and shall give acknowledgment thereof on the list of the articles prepared by them. (vii) If there is any grievance about the articles/belongings that will be handed over by the respondent-husband to the applicant, it is open to the parties to file an independent application for appropriate reliefs. 4. With these observations, the civil application is disposed of. (M.L.TAHALIYANI,J.) (D.B.BHOSALE,J.)