VASANTI P.CHODANKAR Vs. PREMKANT P.CHODANKAR

JUDGEMENT

(1.) THIS petition is directed against the order dated 18th December, 1993 whereby the Judge of the IIIrd Family Court, Bombay, has purported to set aside the exparte order dated 25th September, 1991 and directed payment of interim maintenance at the rate of Rs.500/- per month towards the maintenance of minor children.

(2.) IN short the petitioner has initiated the proceedings under section 125 of the Criminal Procedure Code for maintenance. The said maintenance was claimed on behalf of her two minor daughters. The matter was referred to a marriage Counsellor. Therein it was agreed that the maintenance which was initially granted at Rs.500/- would be increased to Rs.700/- per month with effect from September, 1991. Consent terms to that effect filed are on record. It is subsequent to this that the order was passed on 25th September, 1991 ordering payment of maintenance at the rate of Rs.700/- i.e Rs.350/- per each child.

(3.) THIS Court when the matter came up on 23rd January, 1995 was pleased to direct payment of maintenance at the rate of Rs.700/- per month within two weeks from the date of service of the order. Counsel for the petitioner points out that in spite of this order the respondent has failed to pay any maintenance. He also points out that he has averred in the petition that the husband is an Engineer by profession and is an Officer in Tata Consultancy Engineers at Prabhadevi.