1 NMS.12/2009-S.16/2008 mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 12 OF 2009 IN SUIT NO. 16 OF 2008 Havovi Kersi Sethna ...Plaintiff Vs. Kersi Gustad Sethna ...Defendant Ms. Nityoah S. Mehta i/b. Mrs. Ansuya Dutt, Advocate for Plaintiff Ms. A.S. Khushrushahi, Advocate for Defendant CORAM : SMT. ROSHAN DALVI, J. DATED : 8TH OCTOBER, 2010 P.C. : 1. This Notice of Motion is taken out for various reliefs in respect of the consideration received upon the sale of the matrimonial home of the parties. The amounts received, which are stated to be to the tune of Rs. 1.56 crores have been invested in movable and immovable properties. 2. The Defendant as the senior citizen requests the Court to grant and allow him to withdraw, if and when required for his medical purpose a sum of Rs. 10 lakhs from the invested amount. The offer is reasonable and is required to be granted. 2 NMS.12/2009-S.16/2008 3. Order accordingly. 4. The undertaking and / or the ad-interim order passed in this Notice of Motion shall continue in the Suit. 5. The Written Statement is filed. I S S U E S 1. Whether the Plaintiff proves that the Defendant treated her with cruelty. 2. What is the amount of alimony and maintenance to be granted to the Plaintiff ? 3. What is the division of the joint property from the matrimonial home of the parties to be made ? 4. What relief, if any, is the Plaintiff entitled to ? 6. The Plaintiff shall file her affidavit of examination-in-chief as well as her affidavit of documents and the affidavit of examination-in-chief of any further witness, if any within two weeks. 7. The suit is adjourned to 27th October 2010 for considering admissibility of the documents. (SMT. ROSHAN DALVI, J.)