RAJESH H PARIKH Vs. DEEPIKA R PARIKH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, heard finally at the stage of admission.

(2.) Judge, Court No.3 of the Family Court, Bandra, Mumbai by its order dated 18.11.2011 has allowed the application of the respondent-wife for striking off the defence on the ground of non compliance of the Court's order of maintenance.

(3.) The petitioner is a husband of the respondent. They got married on 3.5.1983. However, the marriage did not sail smooth and parties approached the Court by filing petitions against each other. Wife filed petition for divorce bearing No.A-1796 of 1997 under Section 13(1) IA of Hindu Marriage Act of 1955. Thereafter the petitionerhusband also filed petition for divorce on the ground of cruelty which is numbered as A-1803/1998. Proceedings under Section 498-A of IPC are also pending against the husband in the criminal court. The parties arrived at an agreement to settle the matter amicably and filed consent terms on 31.8.2004. One of the consent terms agreed by the parties was that the parties will reside together in the flat at Bussa Apartment, Santacruz and if respondent-wife was required to leave the said flat and stay separately, in that event, the petitioner-husband should pay sum of Rs.8 lakhs before removing the respondent-wife from the house. Both the parties agree to withdraw the respective petitions filed against each other. However, it appears that the parties did not behave as per the consent terms. So the petitioner-husband filed a Petition No.1815 of 2006 for compliance of the consent terms. In the said petition, wife filed the Application No.A-1365 of 2006 and prayed for interim maintenance. The Court while deciding the said application on 14.10.2008 fixed the amount of maintenance of Rs.3000 per month to the wife. Petitioner-husband found that it is not possible for him to deposit the amount of maintenance of Rs.3000, hence withdrew the said petition on 29.8.2009.