VINODCHANDRA GAJANAN DEOKAR Vs. ANUPAMA VINODCHANDRA

JUDGEMENT

(1.) THIS notice of motion has been taken out by the respondent-wife for a variation of the Order dated 15th January, 1991, made by Cazi, J. , in Interim Petition No. 32, of 1990, allowing the petitioner-husband access to the minor child, Leena, in the manner as provided for in the said order. This litigation has a peculiar background, and, unless the factual matrix is reproduced, it would not be possible to appreciate the circumstances under which the motion has been taken out or the defences taken in objection to the prayers in the motion.

(2.) THE respondent-wife filed M. J. Petition No. 622 of 1989 before the Bombay City Civil Court, Bombay, for obtaining divorce and for maintenance for herself and the minor child, Leena. Upon the Matrimonial Jurisdiction of the Bombay City Civil Court being transferred to the Family Court, the said proceedings came to be transferred to the Family Court, Bombay. The respondent had taken out an interlocutory Application No. 378 of 1990 before the Family Court, seeking interim maintenance. The Family Court, vide its Order dated 11th September, 1990, directed the petitioner to make payment of maintenance at the rate of Rs. 2,000/- per month for the respondent and at the rate of Rs. 4,000/- per month for the minor child, Leena, with effect from 21st July, 1990. In addition thereto, a sum of Rs. 3,000/- was also directed to be paid as costs.

(3.) THE petitioner-husband challenged the said order of the Family Court in writ petition, being Writ Petition No. 5159 of 1990, before this Court. Though, initially, an ad-interim order of stay of the order made by the Family Court was granted, the stay came to be vacated by an Order dated 30th January, 1991. At no stage, did the petitioner-husband indicate willingness on his part to abide by the orders for interim maintenance made by the competent Court, neither at the initial stage, nor after the stay was vacated by the learned Single Judge of this Court.