FRANCIS MILTON KEVIN NORONHA Vs. ALOMA ANA GOMES

JUDGEMENT

(1.) Challenge in this petition is to the Order dated 6-1-2007 of the learned Civil Judge, Senior Division, Mapusa, by which the son of the petitioner and the respondent has been granted maintenance of Rs. 50,000/- per month.

(2.) Briefly stated, the petitioner and the respondent after having known each other on friendly terms got married on 1-5-1993 and of the said marriage they have a son by name James, born in the year 1988 and who presently studies in std. IVth.

(3.) The respondent-wife on or about 13-5-2002 filed a suit for divorce, inter aha, on the ground of ill-treatment under Article 4 (4) of the Law of Divorce and by a separate application dated 23-7-2002 sought maintenance for herself and for the said son. The learned trial Court by the impugned Order dated 6-1-2007 was pleased to allow the said application and order the payment of maintenance, as aforesaid, to be paid on 5th of every succeeding month. As against the said Order the petitioner-husband filed the present writ petition. On 5-4-2007, the impugned order was stayed, and, on 13-9-2007 this Court after hearing both the parties granted stay as far as the arrears at the rate of Rs. 50,000/- per month were concerned but refused to grant the stay of interim maintenance at the rate of Rs. 50,000/- from the date of the order and granted liberty to the petitioner to make the payment on or about 10-10-2007 and directed further payments to be made pending the hearing and final disposal of this petition on or before the 10th day of the month for which it is due.