AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2008 IN FAMILY COURT APPEAL NO.38 OF 2008 Shri Gaurishankar Gurudas Shiroor .... Applicant Vs. Smt. Shruti w/o.Gaurishankar Shiroor .... Respondent Mr. R.R. Arolkar for the applicant. Ms. Sumangala Birodar for the respondent. CORAM : SMT. RANJANA DESAI & SMT. R.P. SONDURBALDOTA, JJ. DATED : 23RD JUNE, 2008. P.C.:- 1. The applicant-husband has challenged in this appeal order dated 11/12/2007 whereby the Family Court has disposed of Petition No.C-30 of 2005 filed by the respondent-wife for maintenance of minor daughter Divya under the provisions of the Hindu Adoption and Maintenance Act 1956. The appeal has been admitted on 25/3/2008. AJN 2 2. The applicant-husband has preferred this civil application, inter alia, praying that he may be permitted to deposit with the Registrar of this court the arrears of maintenance at the rate of Rs.7,000/- per month with effect from March, 2008; the Registrar be directed not to part with the amount deposited by the applicant- husband, to the respondent-wife unless the respondent-wife furnishes true and correct documentary proof about the expenses being incurred for the maintenance of minor daughter Divya to the satisfaction of the Registrar; the respondent-wife be ordered to furnish the details of expenses so far she has incurred for the maintenance of daughter Divya after receiving Rs.79,000/- pursuant to the order of interim maintenance dated 23/5/2006 passed by the trial court and the respondent-wife be directed to give access of daugher Divya to the applicant-husband. Alternatively, it is also prayed that the applicant-husband be granted custody of minor daughter Divya. 3. We have heard learned counsel appearing for the applicant- husband and learned counsel appearing for the respondent-wife. We are informed that so far the applicant-husband has been AJN 3 paying the maintenance by cheque directly to the respondent-wife. The respondent-wife is staying in Vasai. We are informed that the respondent-wife works at Taj Hotel. However, since she has a minor daughter to look after and she has to travel a long distance for job, we are not inclined to allow the applicant-husband to deposit the maintenance cheque in the High Court. Hence, that prayer is rejected. We are also not inclined to give any direction to the respondent-wife to give account for the money spent on minor daughter Divya. It is not possible for us to doubt the bonafides of the respondent-wife. Considering the steep rise in prices and the fact that the daughter is going to school, we are sure that the amount of Rs.7,000/- is spent on her. In fact, we are informed that over and above Rs.7,000/-, the respondent-wife is also spending on minor daughter Divya from her own earnings. Prayer regarding account is therefore, rejected. So far as the access is concerned, we are informed that the applicant-husband has not made any application to the Family Court for access. We are informed that for the first time in this court, he is making this application for access. There is some substance in this contention. However, we are of the opinion that the daughter must meet her father also. Belatedly though, the applicant-husband has shown a desire to AJN 4 meet his daughter. We are happy with it. Initially the applicant- husband and the grandfather of the child should meet minor daughter on the first and third Saturdays of every month at the Family Court Complex, Bandra between 3.00 p.m. to 5.00 p.m. Once they get to know the child, they can adopt appropriate proceedings for further access. Needless to say that if the applicant wants custody of the daughter, if any remedy is open to him in law, he can adopt it. We have not expressed any opinion on that aspect. Civil application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. R.P. SONDURBALDOTA, J.]