SUNIL HANSRAJ GUPTA Vs. PAYAL SUNIL GUPTA

JUDGEMENT

(1.) THIS First Appeal is directed against an order dated September 11, 1990 passed by the Family Court, Bombay, on Notice of Motion No. 5908 of 1989 in M. J. Petition No. 1036 of 1989. By this impugned order, the learned judge of the Family Court directed the appellant- petitioner (who is hereinafter referred to as the husband) to pay Rs. 10,000/- per month towards maintenance to the respondent-original respondent (who is hereinafter referred to as the wife ) and Rs. 5,000/- to each of the two minor children from the date of the Notice of Motion. The learned Judge also directed the husband to pay Rs. 10,000/- to the wife towards costs for defending the M. J. Petition.

(2.) M. J. Petition No. 1036 of 1989 is filed by the husband claiming a decree for judicial separation and for custody of the two minor children viz. Shikha and sneha. This petition was originally filed on 14th September, 1989 in the Bombay City Civil Court at Bombay. During the pendency of the M. J. Petition, the wife took out Notice of Motion for interim reliefs praying for pendente lite maintenance of Rs. 25,000/- per month from August 1988 to herself and Rs. 20,000/- per month to two minor children. The wife also prayed for Rs. 20,000/- towards costs for defending the M. J. Petition. In addition to these principal interim reliefs, the wife also prayed for certain other interim reliefs. Parties in support of their rival claims filed affidavits. During pendency of the proceedings in the City Civil Court, Family Courts under the Family Courts Act, 1984 (for brevity Family Courts Act) came to be established for Greater Bombay some time in October 1989 and pursuant thereto, present M. J. Petition along with ancillary proceedings were transferred to the Family Court.

(3.) THE learned Judge after hearing both sides directed the husband to pay Rs. 10,000/- per month to the wife and Rs. 5,000/- to each child towards maintenance from the date of the Notice of Motion. The learned Judge also directed the husband to pay Rs. 10,000/- to the wife towards costs for defending the petition. It is a common premise that as far as order of maintenance to the wife is concerned, it is passed under section 24 of the Hindu Marriage Act, 1955. The order of maintenance relating to two minor children appears to have been passed under section 26 of the H. M. Act, 1955.