1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO. 88 OF 2008 IN FAMILY COURT APPEAL NO. 48 OF 2008 MRS. NANDA SHAMKANT KANADE .. APPLICANT Vs. SHAMKANT SADASHIV KANADE .. RESPONDENT Mrs. Gunjan Shah for applicant Mr. Nandu Pawar for respondent CORAM:SMT.RANJANA DESAI & SMT. R.P. SONDURBALDOTA, JJ. DATE: 10/6/2008 P.C. . This civil application has been taken out by the applicant-wife. The petition for decree of divorce on the ground of cruelty and desertion filed by the respondent-husband was disposed by the Family Court No. 5 at Mumbai. By the impugned order the petition was partly allowed. The marriage was dissolved by decree of divorce on the ground of cruelty. While disposing of the petition the Family Court directed the wife to return certain 2 amounts to the husband in the following manner: i) Rs. 1 lakh Maturity amount from Byculla Post Office. ii) Rs.1,50,000/- from Byculla post office. iii) Rs. 1 lakh from Rajgurunagar Sahakari Bank Ltd., Khed. iv) Rs.60,000/- and Rs.1,70,000/- lying with Parel & Byculla post office respectively. v) Rs.31,871/- Bank of Maharashtra, Byculla. . The said amount shall be handed over to the petitioner within two months from today. The receipts of amounts reinvested shall be handed over forthwith to the Petitioner forthwith. . On realization, out of the said amount, Rs.3 lakhs shall be deposited by the Petitioner in the name of minor son Nikhil, in a Nationalised Bank. The said amount @ interest accrued thereon shall be handed over to Nikhil on his attaining twenty one years. 3 . Petitioner shall send Rs.1,000/- per month from the date of this order to Nikhil for his maintenance till he attains majority. 2. In this civil application the applicant-wife has inter alia prayed that pending the hearing and final disposal of the appeal, the impugned order be stayed. A prayer for grant of maintenance to the wife and enhancement of maintenance of the son is also made. 3. We have heard at considerable length learned counsel for the applicant-wife and learned counsel for respondent-husband. 4. Additional affidavit has been filed by the applicant-wife. Affidavit is also filed by the respondent-husband. Admittedly even before the impugned order was passed, the applicant wife had withdrawn an amount of Rs.2,24,871/-. We are informed by learned counsel for the applicant-wife that this fact was informed to the court. We do not understand as to how directions were given in respect of amounts which were already withdrawn. In any case since learned counsel for the 4 applicant-wife has said that this amount has already been spent, there can be no stay order so far as that part of the impugned order is concerned. 5. Admittedly an amount of Rs.1,70,000/- is not withdrawn and is invested in Kisan Vikas Patra. It is to mature on 3rd January, 2012. An amount of Rs.1,20,000/- is lying in Parel Post Office. It has not yet been withdrawn. 6. In the circumstances of the case, in our opinion, following order will meet the ends of justice; a). The amount of Rs.1,20,000/- shall be withdrawn by the wife within a period of two weeks from today. The said amount shall be handed over to learned counsel for the respondent-husband so that he can in turn hand it over to the husband for investment in any nationalised bank in the name of son Nikhil. The husband shall inform the wife in which bank the amount is invested. b). The interest accrued thereon is directed to be handed over to the wife as a guardian of son Nikhil 5 till he becomes major. After Nikhil attains majority, the amount may be handed over to him directly. So far as remaining Rs.1,70,000/- which is invested in Kisan Vikas Patra is concerned that amount shall lie deposited therein till the date of maturity. After Kisan Vikas Patra matures, the applicant shall not withdraw the amount. She shall approach this court by giving notice to the respondent-husband for appropriate orders with regard to the said amount. c). The respondent husband shall pay an amount of Rs.1,000/- per month to the son as directed. We are informed that the applicant-wife has adopted certain proceedings for maintenance for herself. In this application she cannot be granted maintenance because she had not made a claim for maintenance. However, if she has adopted any proceedings, she is at liberty to proceed with them in accordance with law and that court shall deal with her application independently. She shall serve the proceedings on the husband. We make it clear that we have not expressed any opinion on those proceedings. d). Admittedly a flat is purchased by the 6 applicant-wife and for the purchase of the said flat the aforesaid amount which she has withdrawn, has been used. The flat bearing No. A-14 is situated on 2nd floor of Rajyog Society, Kalyanpeth, at and post Junnar, District Pune. The applicant-wife shall not sell the said flat till such time as the instant family court appeal is disposed of or any other order is passed by this court in that regard. e). We feel that in the circumstances of the case the flat should stand in the joint name of the applicant-wife as well as son. The wife is present in the court. She says that she will take steps to ensure that the flat stands in the joint name of herself and her son. We accept this statement. The applicant shall permit the son to stay in the flat. f). Learned counsel for the applicant says that during the pendency of the instant family court appeal, the respondent be restrained from marrying again. We find substance in this contention. Though no specific prayer in this behalf is made, if such order is not passed the appeal will become infructuous. Hence, during the pendency of this 7 appeal, the respondent shall not get married. g). Civil application is disposed of in the aforestated terms. JUDGE JUDGE