1 wp-3609-5455 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.3609 of 2010 Akhil Vidyashankar Pandya .. .. Petitioner v/s. Shelly Akhil Pandya .. .. Respondent Mr.Anil Singh i/by Mr.D.R. Shah for Petitioner. Mr.R.S. Ghadge i/by Mr.A.S. Desai for Respondent. ------ W I T H Writ Petition No.5455 of 2010 Shelly Akhil Pandya .. .. Petitioner v/s. Akhil Vidyashankar Pandya .. .. Respondent Mr.R.S. Ghadge i/by Mr.A.S. Desai for Petitioner. Mr.Anil Singh i/by Mr.D.R. Shah for Respondent. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 4th October, 2010 P.C. : 1.Rule. Rule is made returnable forthwith. 2.The husband has challenged the order of the learned Family Court No.4, Mumbai, granting maintenance to the wife and the children of the husband. The husband earns 2 wp-3609-5455 about Rs.70,000/- per month. The wife was stated to have been earning earlier. She has given up her job. She is entitled to do so. The husband is bound to maintain the wife and the children. The husband has shown several expenses. The expenses are for EMIs for the loans taken in respect of two flats, one in Mumbai and other in Hyderabad, the EMIs to be paid for the loan in respect of the car, Life Insurance Policies of the husband himself in which he pays premium of Rs. 1135/- and 11,444/-, three Public Provident Fund Accounts in the names of the wife and the children in which the husband deposited certain amount from time to time and mediclaim which is also sought to be claimed but which is paid by the Company. All the expenses relate to the expenses allowable for tax deductions. The husband alone obtains the benefit of tax deductions as of now. The wife and the children obtain nothing except to see the deductions from his salary. The wife and the children have to be maintained. 3.Mr.Anil Singh for the husband concedes that the husband shall maintain the wife and the children under the amounts determined by the Family Court if the flat taken on loan by the husband in Mumbai is allowed to be licensed to a third party to obtain monthly returns thereof. 3 wp-3609-5455 4.The Advocate for the wife has no objection despite the fact that the wife has written to the Gita Prakash Co- operative Housing Society, Andheri (West), Mumbai, not to allow the husband to deal with the flat. 5.Hence the following order: ORDER (i)The Advocate of the wife shall inform Gita Prakash Co-operative Housing Society, Andheri (West), Mumbai where the flat being Flat F-8 is situate that the husband shall be entitled to create a licence of the flat in favour of the third party. The Advocate of the husband shall inform the Advocate of the wife of the licence created and the amount of monthly deposit obtained thereon. From such income, the husband shall pay the maintenance amount as fixed by the learned Judge, Family Court in the impugned order within four weeks. (ii)The husband shall forthwith clear the arrears which have since long been pending. (iii)In view of the fact that the husband has fairly conceded to pay the maintenance amount as directed above, the prayer of the wife for being provided a two- 4 wp-3609-5455 bedroom flat at Khargar near DAV School is not considered at present and is seen to have been rightly not considered by the learned Judge. (iv)The Writ Petition is disposed of. Rule is discharged accordingly. (SMT.ROSHAN DALVI, J.)