ANTHONY FRANCIS RODRIGUES Vs. CELINE MARIA RODRIGUES

JUDGEMENT

(1.) The facts of this case are a reflection of the disheartening state of society today, it is a classic example of breaking up of long marital ties of 41 years, in the evening of the life of a couple, which these days is called as 'Grey Divorce'. The Respondent-wife is claiming maintenance from her husband, during the pendency of the Divorce proceedings. This is a peculiar case where the husband, who is required to stay abroad, away from his wife and the family on account of his employment, has drifted apart from them, and the gap has now widened to such an extent, that cannot be reduced resulting in breakdown of their marriage, culminating in the filing of Divorce proceedings.

(2.) The Petitioner challenges the interim maintenance order passed by the Judge, Family Court, Bandra, below Exhibit-9 dated 3 rd April 2024, filed in Divorce Petition No. 1802 of 2019. The Respondent-wife had filed a Divorce Petition before the Family Court, Bandra, pending which she has filed an Interim Application for maintenance under Sec. 36 of the Divorce Act, 1869. In her Interim Application, she had claimed maintenance of Rs.80,000.00 per month from the Respondent husband during the pendency of Divorce proceedings. After hearing the parties, the Judge, Family Court, Bandra, has granted maintenance of Rs.8000.00 per month, to the Respondent-wife, after taking into consideration her own income of Rs.12,000.00 per month alongwiththe financial capacity of her husband.

(3.) The undisputed facts of the present case are that, the Petitioner and the Respondent married as per the rituals of the Christian Religion on 1/1/1978 at Kurla, Mumbai. They are blessed with three children, all of them are in their 40s and are leading their own life. The Petitioner worked in Saudi Arabia from 1983 to 1985. After a short break, he again worked in the Middle East in Dubai, from 1992 to 2019. The Petitioner has purchased 1 BHK flat at Badlapur and another flat at Mulund from his earnings in Dubai.