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 FAMILY COURT APPEAL NO. 27 OF 2008 SMT. SUNDARI @ NANDA ASHOK GANGAN .. APPELLANT Vs. KUM. NIVEDITA ASHOK GANGAN .. RESPONDENT Miss Poonam Mital i/b Kunal Vepa for appellant Mr. S. M. Suryavanshi for respondent CORAM:SMT.RANJANA DESAI & R. S. MOHITE, JJ. DATE: 8/4/2008 P.C. . The appellant is the first wife of one Ashok Gangan. She has challenged in this appeal order dated 20/10/07 passed by the Family Court at Mumbai in Petition No. C-57/03. That application was filed by the respondent Nivedita Ashok Gangan daughter of second wife of the said Ashok Gangan. By the impugned order the Family Court has directed the appellant to pay maintenance to the respondent at the rate of Rs.1,000/- per month from the date of the application till the date of order and 2 further pay maintenance @ Rs.1500/- per month from the date of the order in view of provision under Sections 21 and 22 of Hindu Adoptions and Maintenance Act. 2. We have heard learned counsel for the appellant at some length. She submitted that the impugned order is very harsh and deserves to be set aside. She submitted that the appellant has to maintain two children. There is only one shop situated at Lower Parel which has been given by her on leave and licence basis. The appellant gets about Rs.8500/- per month from the said shop. The leave and licence agreement is likely to expire in the near future. Apart from Rs.8500/- the appellant gets no other income from the property of deceased Ashok Gangan. In the circumstances learned counsel submitted that the impugned order may be set aside or in any even it may be modified. 3. Learned counsel for the respondent on the other hand submitted that part of the premises which have been given on leave and licence by the appellant there are other premises belonging to deceased Ashok Gangan which have been given by the appellant to one Chandrakant Shirshikar on rent and she is 3 getting rent from Chandrakant Shirshikar. He submitted that, therefore, the impugned order is just and and proper and merits no interference. 4. We have perused the leave and licence agreement. The leave and licence agreement indicates that the appellant is getting an amount of Rs.8,500/- per month from the shop premises situate at Lower Parel. The appellant has, however, denied that she has given other portion of shop on rent to Mr. Shirshikar and she is earning income from that shop. She states that she is herself staying on the loft. We cannot lose sight of the fact that the appellant has to maintain two children. It is also an admitted position that the mother of the respondent is working in the Bombay Municipal Corporation and is drawing salary of about Rs.11,000/- per month. We are informed that she is about to retire but the fact remains that even after retirement she will get pension. Besides, we are told that a substantive suit has been filed in the City Civil Court at Bombay by the respondent and her brother claiming their share in the property of deceased Ashok Gangan. In the circumstances of the case, therefore, in our opinion, following order will meet the ends of 4 justice; . "The order is modified to the following extent: . The appellant shall pay arrears of maintenance from the date of order till date @ Rs.1500/- per month. From today, the appellant shall pay per month an amount of Rs.1000/- to the respondent. Six weeks’ time is granted to the appellant to pay the arrears of maintenance. . We make it clear that this order will not come in the way of the City Civil Court, Mumbai which is seized of the substantive suit filed by the respondent and her brother. That suit shall be dealt with independently after considering the rival contentions on which we have not expressed any opinion. . The appeal is disposed of. Needless to say that all civil applications are also disposed of. . Office to provide authenticated copy. JUDGE 5 JUDGE