1 NMSP3.11.sxw JPP IN THE PARSI CHIEF MATRIMONIAL COURT AT BOMBAY NOTICE OF MOTION NO. 3 OF 2011 IN SUIT NO. 26 OF 2008 AND NOTICE OF MOTION NO. 4 OF 2011 IN SUIT NO. 26 OF 2008 Neville S. Daruwalla. ... Plaintiff. V/s. Farzandi Neville Daruwalla. ... Defendant. Mr. Ashish Gatagat i/b. Amit Karkhanis for the Plaintiff. Ms. Nityoah Mehta with Mr. Jay Mehta i/b. Nityoah Suneel and Associates for the Defendant in support of NM. CORAM : R.Y. GANOO, J. DATED : 7th MARCH 2011. P.C. :- The Plaintiff and the Defendant are husband and wife. The Plaintiff has filed this Parsi Suit for a divorce. The Defendant has taken out Notice of Motion No. 3 of 2011 to have maintenance for the daughter born out of the wedlock between the Plaintiff and Defendant by name Shazmin. The wife has filed Notice of Motion No.4 of 2011 for her maintenance. Parties herein have filed their respective affidavits. 2 NMSP3.11.sxw 2. I have perused the salary certificate issued by the employer of the Plaintiff as also referred to various other assets held by the Plaintiff. Looking to the salary certificate and the returns which the Plaintiff may get from the investments at the most his monthly income will be about Rs.38,000/- to Rs. 40,000/-. 3. It is noticed that the Plaintiff and the Defendant are residing in the same flat and the rent in respect of the said flat is being paid by the Plaintiff. Expenses for electricity and other expenses are incurred by the Plaintiff. The Defendant has set out details of amount which she is required to spend for the upbringing of the daughter. They are at Exhibit ‘A’. It is noticed that the Defendant is presently unemployed. For some time she was working as teacher and because she did not possess necessary educational qualification, she has lost the job. It means the Defendant is jobless. If she acquires some job, she will be able to earn some money to look after herself as well as to support her daughter. 4. Looking to the salary of the Plaintiff and looking to the need of the daughter, I am inclined to fix Rs.6,000/- per month to be paid to the Defendant for the benefit of the daughter. I am inclined to fix a sum of Rs.8,000/- to be paid by the Plaintiff to the Defendant by way of maintenance. 5. It is noticed that a Divorce Petition came to be filed in the year 2008. The Notice of Motion for maintenance has 3 NMSP3.11.sxw been taken out by the Defendant only on 25th January 2011. Hence, I am inclined to pass an order directing the Plaintiff to pay the aforesaid maintenance from the month of January 2011. 6. In view of this, following order is passed to dispose of these two Notice of Motions :- (i) Till further orders, the Plaintiff is directed to pay to the Defendant a sum of Rs.6,000/- for the maintenance of the daughter Shazmin. This amount shall be payable with effect from January 2011. (ii) Till further orders, the Plaintiff is directed to pay to the Defendant a sum of Rs.8,000/- for the maintenance of the Defendant. This amount shall be payable from the month of January 2011. (iii) The Defendant shall communicate to the Plaintiff the Bank Account in which this amount shall be credited. (iv) The Plaintiff shall arrange to credit the aforesaid amount of maintenance in the said account on or before 10th of every month. The arrears for the month of January, February and March 2011 shall be paid by the Plaintiff to the Defendant on or 4 NMSP3.11.sxw before 25th March 2011 by crediting the amount to the said account. This order is passed in the presence of the Plaintiff. 7. This Court is informed that the learned Judge of the Family Court has passed an order directing the husband to pay the sum of Rs.6,000/- per month for the child. Now, that this order is being passed in the substantive proceeding, viz. a Suit for dissolution of the marriage, it will not be necessary for the Plaintiff to pay to the Defendant a sum of Rs.6,000/- pursuant to the order passed by the learned Judge of the Family Court, Mumbai under Section 125 of Cr.P.C. The Plaintiff shall file a copy of this order in the Family Court at Mumbai for information of the said Court. There shall be no order as to costs. (R.Y. GANOO, J.)