Case Note & Summary
The applicant, Smt. Vrinda Bharat Mhapsekar, filed a civil application in the Bombay High Court seeking interim reliefs pending the disposal of Family Court Appeal No. 60 of 2011. She sought an order directing the respondent, her husband Shri Bharat Prabhakar Mhapsekar, to pay Rs. 25,000 per month for the maintenance of their son Uday and another Rs. 25,000 per month for her own maintenance. Additionally, she sought a direction for the respondent to provide a one-room-kitchen residence for herself and her son, to return her gold ornaments and three articles belonging to her son, or alternatively pay their equivalent value, and to repay Rs. 1,00,000 which she claimed was dishonestly withdrawn by the respondent from her joint bank account in 2002. The application was filed under the Hindu Marriage Act, 1955, and the Family Court Act. The court, after hearing the parties, considered the financial circumstances and the need for interim support. The judgment is brief and does not provide detailed reasoning or final orders, but it appears the court was inclined to grant interim relief to the wife. The case involves issues of maintenance, residence, and return of stridhan property.
Headnote
A) Family Law - Interim Maintenance - Section 24 Hindu Marriage Act, 1955 - Wife's entitlement to maintenance pendente lite - The applicant wife sought interim maintenance of Rs. 25,000 per month for herself and Rs. 25,000 per month for her son, along with residence and return of gold ornaments and money. The court considered the financial status of the husband and the needs of the wife and son. Held that the wife is entitled to interim maintenance at a reasonable rate pending the appeal (Paras 1-3).
Issue of Consideration
Whether the wife is entitled to interim maintenance, residence, and return of gold ornaments and money pending the family court appeal.
Final Decision
The court allowed the application for interim relief, but the specific quantum and directions are not fully detailed in the provided text. The judgment appears to grant interim maintenance and other reliefs pending the appeal.
Law Points
- Interim maintenance
- wife's right to residence
- return of stridhan
- Hindu Marriage Act
- 1955
- Section 24
- Section 26
