1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.8609 OF 2007 NO.8609 OF 2007 NO.8609 OF 2007 Ms.Priti Ms.Priti Ms.Priti Raju Patil Raju Patil Raju Patil ...... Petitioner Petitioner Petitioner vs vs vs Raju Raju Raju Sitaram Patil .. Sitaram Patil .. Sitaram Patil .. Respondent Respondent Respondent Mr.Uday Mr.Uday Mr.Uday Warunjukar Warunjukar Warunjukar for Petitioner for Petitioner for Petitioner Mr.S.A.Sawant Mr.S.A.Sawant Mr.S.A.Sawant for for for Respondent Respondent Respondent WRIT WRIT WRIT PETITION PETITION PETITION NO.8070 OF 2007 NO.8070 OF 2007 NO.8070 OF 2007 Ms.Priti Ms.Priti Ms.Priti Raju Raju Raju Patil .. Petitioner Patil .. Petitioner Patil .. Petitioner vs vs vs Mr.Raju Mr.Raju Mr.Raju Sitaram Patil Sitaram Patil Sitaram Patil Mr.Uday Mr.Uday Mr.Uday Warunjikar for Petitioner/Respondent Warunjikar for Petitioner/Respondent Warunjikar for Petitioner/Respondent Mr.S.A.Sawant Mr.S.A.Sawant Mr.S.A.Sawant for for for Respondent/Petitioner Respondent/Petitioner Respondent/Petitioner CORAM CORAM CORAM : : : S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J DATED DATED DATED : : : 7th February, 2008 7th February, 2008 7th February, 2008 P.C. P.C. P.C. 1.1.1. Writ Petition No.8609 of 2007 is directed Writ Petition No.8609 of 2007 is directed Writ Petition No.8609 of 2007 is directed against against against an order dated 16th October, 2007 below an order dated 16th October, 2007 below an order dated 16th October, 2007 below Exhibit Exhibit Exhibit 12 in Petition No.A-1171 of 2007, copy of 12 in Petition No.A-1171 of 2007, copy of 12 in Petition No.A-1171 of 2007, copy of that that that order order order is annexed as Exhibit C to this petition is annexed as Exhibit C to this petition is annexed as Exhibit C to this petition and and and paper book. That was an order on the paper book. That was an order on the paper book. That was an order on the Application Application Application preferred by the wife for maintenance preferred by the wife for maintenance preferred by the wife for maintenance under under under section 24 of the Hindu Marriage Act. She section 24 of the Hindu Marriage Act. She section 24 of the Hindu Marriage Act. She claimed claimed claimed Rs.15,000/- Rs.15,000/- Rs.15,000/- p.m. for herself and Rs.5000/- p.m. for herself and Rs.5000/- p.m. for herself and Rs.5000/- p.m. p.m. p.m. to her minor child. Thus, the maintainance to her minor child. Thus, the maintainance to her minor child. Thus, the maintainance claimed claimed claimed is of total amount of Rs.20,000/- and is of total amount of Rs.20,000/- and is of total amount of Rs.20,000/- and costs. costs. costs. The learned Judge while allowing the The learned Judge while allowing the The learned Judge while allowing the application application application has directed that a sum of Rs.7500/- has directed that a sum of Rs.7500/- has directed that a sum of Rs.7500/- shall shall shall be paid as under : be paid as under : be paid as under : " The said amount of Rs.7500/- is split up The said amount of Rs.7500/- is split up The said amount of Rs.7500/- is split up as as as as follows : as follows : as follows : 2 (i) (i) (i) Rs.3000/- per month as maintenance for Rs.3000/- per month as maintenance for Rs.3000/- per month as maintenance for the the the Respondent. Respondent. Respondent. (ii) (ii) (ii) Rs.2000/- per month as maintenance Rs.2000/- per month as maintenance Rs.2000/- per month as maintenance towards towards towards her her her minor son Toshal ; and minor son Toshal ; and minor son Toshal ; and (iii) (iii) (iii) Rs.2500/- Rs.2500/- Rs.2500/- towards towards towards the the the rental rental rental accommodation. accommodation. accommodation. 2.2.2. When this petition was placed before me, When this petition was placed before me, When this petition was placed before me, several several several attempts were made to bring about an attempts were made to bring about an attempts were made to bring about an amicable amicable amicable settlement or to see that the child and settlement or to see that the child and settlement or to see that the child and the the the wife get some amount per month or a decent wife get some amount per month or a decent wife get some amount per month or a decent rental rental rental accommodation. The parties had initially accommodation. The parties had initially accommodation. The parties had initially agreed agreed agreed before me that any accommodation within the before me that any accommodation within the before me that any accommodation within the vicinity vicinity vicinity of the school where the minor is admitted of the school where the minor is admitted of the school where the minor is admitted even even even on Rental basis would be acceptable. on Rental basis would be acceptable. on Rental basis would be acceptable. 3.3.3. This was in addition to the statement recorded This was in addition to the statement recorded This was in addition to the statement recorded on on on 29th November, 2007 of payment of Rs.15,000/-. 29th November, 2007 of payment of Rs.15,000/-. 29th November, 2007 of payment of Rs.15,000/-. 4.4.4. With regard to the provision for residence, With regard to the provision for residence, With regard to the provision for residence, orders orders orders were passed on 14th January, 2008 and were passed on 14th January, 2008 and were passed on 14th January, 2008 and thereafter thereafter thereafter on 30th January, 2008 and on 1st on 30th January, 2008 and on 1st on 30th January, 2008 and on 1st February, February, February, 2008. 2008. 2008. It appears that the wife could not It appears that the wife could not It appears that the wife could not make make make any choice as there were some difficulties. any choice as there were some difficulties. any choice as there were some difficulties. However, However, However, after this matter was argued for sometime, after this matter was argued for sometime, after this matter was argued for sometime, both both both sides agreed that the list which has been sides agreed that the list which has been sides agreed that the list which has been handed handed handed over in the Court today should form the over in the Court today should form the over in the Court today should form the basis basis basis and the wife would make either choice of any and the wife would make either choice of any and the wife would make either choice of any of of of the the the premises enlisted in the list handed over to premises enlisted in the list handed over to premises enlisted in the list handed over to the the the Court Court Court or would be agreeable if the husband pays or would be agreeable if the husband pays or would be agreeable if the husband pays a sum of Rs.25,000/- to her for the purpose of sum of Rs.25,000/- to her for the purpose of sum of Rs.25,000/- to her for the purpose of enabling enabling enabling her to arrange for the deposit to secure her to arrange for the deposit to secure her to arrange for the deposit to secure rentals rentals rentals and re-imburse to the wife a sum of and re-imburse to the wife a sum of and re-imburse to the wife a sum of 3 Rs.3500/- Rs.3500/- Rs.3500/- to Rs.5000/- so that the wife will make to Rs.5000/- so that the wife will make to Rs.5000/- so that the wife will make her her her own arrangements for her residence, without own arrangements for her residence, without own arrangements for her residence, without prejudice prejudice prejudice to the rights and contentions in the to the rights and contentions in the to the rights and contentions in the matrimonial matrimonial matrimonial proceedings and purely as a temporary proceedings and purely as a temporary proceedings and purely as a temporary measure. measure. measure. 5.5.5. Accordingly, to avoid any disputes with regard Accordingly, to avoid any disputes with regard Accordingly, to avoid any disputes with regard toto to the the the identity of the property or whether the same identity of the property or whether the same identity of the property or whether the same are are are available for occupation or not, in so far as available for occupation or not, in so far as available for occupation or not, in so far as the the the three premises mentioned in the letter dated three premises mentioned in the letter dated three premises mentioned in the letter dated 7th 7th 7th February, 2008 are concerned, the Registrar February, 2008 are concerned, the Registrar February, 2008 are concerned, the Registrar (Judicial-I) (Judicial-I) (Judicial-I) of this Court to appoint any Officer of this Court to appoint any Officer of this Court to appoint any Officer who who who shall shall shall accompany the respondent-wife to the site accompany the respondent-wife to the site accompany the respondent-wife to the site and and and take take take inspection of the premises in his presence inspection of the premises in his presence inspection of the premises in his presence so so so also in the presence of the owners/landlords. also in the presence of the owners/landlords. also in the presence of the owners/landlords. To To To enable the Court Officer to arrange for enable the Court Officer to arrange for enable the Court Officer to arrange for inspection, inspection, inspection, Mr. Sawant appearing for the husband Mr. Sawant appearing for the husband Mr. Sawant appearing for the husband after after after taking instructions from him as he is persent taking instructions from him as he is persent taking instructions from him as he is persent inin in Court makes a statement that the keys of these Court makes a statement that the keys of these Court makes a statement that the keys of these flats/premises flats/premises flats/premises would be handed over to the Court would be handed over to the Court would be handed over to the Court Officer Officer Officer or or or that the premises would be opened in his that the premises would be opened in his that the premises would be opened in his presence. presence. presence. The Court Officer with prior appointment The Court Officer with prior appointment The Court Officer with prior appointment shall shall shall visit these premises along with visit these premises along with visit these premises along with representatives representatives representatives of the wife or the wife and the of the wife or the wife and the of the wife or the wife and the husband husband husband and after the inspection is over, rest of and after the inspection is over, rest of and after the inspection is over, rest of the the the matters/formalities would be for the wife to matters/formalities would be for the wife to matters/formalities would be for the wife to complete. complete. complete. The Court Officer’s assignment is only The Court Officer’s assignment is only The Court Officer’s assignment is only toto to enable the wife to inspect the premises so also enable the wife to inspect the premises so also enable the wife to inspect the premises so also identify identify identify them them them and to find out whether they are made and to find out whether they are made and to find out whether they are made available available available for occupation. The Court Officer shall for occupation. The Court Officer shall for occupation. The Court Officer shall not not not be concerned with any of the other aspects be concerned with any of the other aspects be concerned with any of the other aspects including including including negotiations of the terms and conditions negotiations of the terms and conditions negotiations of the terms and conditions 4 with with with the owners/landlords. the owners/landlords. the owners/landlords. 6.6.6. Needless to state that if the choice could not Needless to state that if the choice could not Needless to state that if the choice could not be be be made by the wife or that the premises are not made by the wife or that the premises are not made by the wife or that the premises are not acceptable acceptable acceptable for any reason to her then the husband for any reason to her then the husband for any reason to her then the husband shall shall shall arrange to make payment of the sum set out arrange to make payment of the sum set out arrange to make payment of the sum set out above above above within a period of three weeks and also within a period of three weeks and also within a period of three weeks and also re-imburse re-imburse re-imburse the monthly rentals as indicated above the monthly rentals as indicated above the monthly rentals as indicated above within within within 15 days from the date of receipt of 15 days from the date of receipt of 15 days from the date of receipt of intimation intimation intimation in that behalf. in that behalf. in that behalf. 7.7.7. It is agreed between the parties that the It is agreed between the parties that the It is agreed between the parties that the inspection inspection inspection of the three premises as mentioned in of the three premises as mentioned in of the three premises as mentioned in the the the letter would be taken at 11 a.m. on 9th letter would be taken at 11 a.m. on 9th letter would be taken at 11 a.m. on 9th February, February, February, 2008 2008 2008 and the Registrar (Judicial-I) would and the Registrar (Judicial-I) would and the Registrar (Judicial-I) would take take take steps before that date to designate an Officer steps before that date to designate an Officer steps before that date to designate an Officer working working working under him. under him. under him. Petition Petition Petition is disposed of accordingly. is disposed of accordingly. is disposed of accordingly. 8.8.8. In so far as Writ Petition No.8070 of 2007 is In so far as Writ Petition No.8070 of 2007 is In so far as Writ Petition No.8070 of 2007 is concerned concerned concerned i.e. filed for claiming enhancement in i.e. filed for claiming enhancement in i.e. filed for claiming enhancement in the the the maintainance amount so also that part of the maintainance amount so also that part of the maintainance amount so also that part of the order order order of the trial Court whereby wife is injuncted of the trial Court whereby wife is injuncted of the trial Court whereby wife is injuncted from from from entering the matrimonial home, considering entering the matrimonial home, considering entering the matrimonial home, considering that that that an an an arrangement is arrived at without arrangement is arrived at without arrangement is arrived at without prejudice prejudice prejudice to to to the rights and contentions of the wife the rights and contentions of the wife the rights and contentions of the wife so so so also of the husband as an interim and temporary also of the husband as an interim and temporary also of the husband as an interim and temporary measure, measure, measure, pending pending pending disposal of the proceedings before disposal of the proceedings before disposal of the proceedings before the the the Family Court,Mumbai in so far as prayer for Family Court,Mumbai in so far as prayer for Family Court,Mumbai in so far as prayer for vacating vacating vacating the the the injunction is concerned, Mr.Warunjikar injunction is concerned, Mr.Warunjikar injunction is concerned, Mr.Warunjikar states states states that the same is not pressed at this stage. that the same is not pressed at this stage. that the same is not pressed at this stage. 5 In In In so far as the claim for enhancement in the so far as the claim for enhancement in the so far as the claim for enhancement in the maintenance maintenance maintenance amount is concerned the said relief is amount is concerned the said relief is amount is concerned the said relief is not not not pressed for the time being. However, liberty pressed for the time being. However, liberty pressed for the time being. However, liberty isisis granted to the wife to apply for enhancement in granted to the wife to apply for enhancement in granted to the wife to apply for enhancement in the the the maintainance amount and such an application maintainance amount and such an application maintainance amount and such an application shall shall shall be considered on its own merits and in be considered on its own merits and in be considered on its own merits and in accordance accordance accordance with law and without being influenced by with law and without being influenced by with law and without being influenced by earlier earlier earlier orders. Petition disposed of. No costs. orders. Petition disposed of. No costs. orders. Petition disposed of. No costs. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J)