Udita Nabha vs Ranjeet Nabha

3. It would be necessary to observe the litigation history of this case, in order to appreciate the case at hand. Appellant (wife) 1 and respondent (husband) were married under the provisions of the Special Marriage Act, 1954 way back in the year 1995. The couple was blessed with a girl child in the year 2003. As there was matrimonial discord between appellant (wife) and respondent (husband), appellant (wife) filed a petition under Section 27(1)(d) of the Special Marriage Act, 1954, being M.J. Petition No. A-2400 of 2011 before the Family Court in Mumbai.

4. In the aforesaid divorce petition, the Appellant, inter alia, sought permanent alimony of Rs. 30,00,00,000/- and interim maintenance of Rs. 3,50,000/- for herself and Rs. 2,50,000/- for her minor daughter. It is to be noted that the Family Court, by order dated 21.10.2013, partly allowed the appellant’s application for interim maintenance and directed the respondent to pay Rs. 2,00,000/- per month for the appellant (wife) and Rs. 1,00,000/- per month for the minor daughter. The order of trial court granting interim maintenance was sustained by the appellate courts thereafter.

6. It may be relevant to note that both parties preferred appeals, before the High Court, against the aforesaid order of the Family Court, being FCA No. 216 of 2015 and 232 of 2015. The High Court, by order dated 09.03.2016, has issued notice in both appeals filed by parties herein and the same is pending.

7. In the meanwhile, respondent filed a Civil Application No. 385 of 2015 in FCA No. 216 of 2015, seeking, inter alia, stay of the implementation of the final order, so far as it relates to the permanent alimony, granted by the Family Court. On 04.05.2016, the High Court, while considering the interim stay sought by the respondent, tentatively allowed his counsel to seek instruction on the deposit, in the following manner-

11. Further, the appellant (wife) filed a Review Petition No. 5 of 2017 in Civil Application No. 78 of 2017, seeking review of the aforesaid order. The High Court, vide order dated 06.07.2017, dismissed the Review Petition filed by the appellant (wife).

8. In view of the aforesaid order of this Court, the respondent, accordingly, deposited the requisite money and complied with the order.

(I) We direct the registry to invest a sum of Rs. 1.125 crores in separate fixed deposit with any nationalized bank. While opening the fixed deposit account, instructions shall be given to the Bank directing the Bank to transfer the quarterly interest accrued thereon directly to the bank account of the applicant-wife.

We direct the applicant-wife to furnish necessary account particulars of her Bank account to the Registrar (Judicial-I) within a period of three weeks from the date on which order is uploaded;

(II) The amount equivalent to 75% of the sum of Rs. 3.5 Crores shall be separately invested in fixed deposit with any nationalized Bank. In the event of any major change in circumstances, it will be open for the applicant-wife to apply to this Court for seeking permission to withdraw a part of the said amount or interest accrued thereon;

17. In view of pendency of appeals before the High Court, any further indulgence at this stage is not required, except, we deem it appropriate to modify the order of the High Court to the extent that the appellant (wife) be allowed to withdraw Rs. 2 Crores during intra-appeal as an interim measure.

19. Accordingly, these appeals are disposed of.