Hemant Ganpatrao Bhosale v. Sajidah/Rama Hemant Bhosale

Ms.Sanobar Nanaati with Ms. Sanaya Dadachani & Ashutosh Kaushik i/b. M/s.Manilal Kher Ambalal & Co. for the petitioner . Ms.Flavia Agenes with Ms. Amita Irani for the respondent CORAM : R.Y.GANOO, J. DATED : 25th April, 2011 P.C. :

Rule.

Rule made returnable forthwith. Learned Counsel appearing on behalf of the respondent waives service.

By consent, taken up for hearing.

The respondent herein has filed petition for divorce in the Family 2 wp1320-11.sxw Court at Bandra, Bombay, as also proceeding under Domestic Violence Act, 2005. In the said proceeding, the respondent has filed application for maintenance and other reliefs being Interim Application No.241 of 2009 at Exhibit 6. The learned Judge of the Family Court has by order dated 26.10.2010 decided the said application for maintenance and has directed the petitioner to pay to the respondent sum of Rs.25,000/- per month from the date of the said application i.e. from 13.6.2009.

It is noted that the respondent was in service of Air India as Air Hostess and has since retired. It is the claim of the petitioner that she draws pension. A perusal of the impugned order dated 26.10.2010 shows that the respondent has not produced before the court necessary documents to show as to whether she gets pension and if yes, how much amount of pension she gets. She has also not produced documents to show her assets and estate after her retirement. The learned Judge of the Family Court has decided the matter in the absence of these papers. In my view, the production of these documents by the respondent were required in order to arrive at the proper conclusion. It has been the contention of the respondent 3 wp1320-11.sxw before this Court that the petitioner has not produced satisfactory documents to show the correct income of the petitioner. Be that as it may. Fact remains that the learned Judge of the Family Court was not made available proper documents for the purpose of deciding the matter on merits. In such a case, the impugned order is required to be set aside. Both the parties are required to file documents to show their income, their assets and estate so that the learned Judge will be able to arrive at appropriate conclusion and pass an order on merits.

Needless to mention that since the impugned order is being set aside, the application for maintenance at Exhibit 6 will have to be decided urgently.

For the reasons mentioned aforesaid, following order is passed. ORDER i) Order dated 26.10.2010 passed by the learned Judge of the Family Court below application at Exhibit 6 in Petition No.A-1404 of 2009 is set aside. ii) The petitioner, as well as the respondent are directed to place 4 wp1320-11.sxw before the learned Judge of the Family Court, all documents showing their income as well as the documents showing their assets and estate, which will enable the learned Judge of the Family Court to arrive at appropriate inference. Iii) The learned Judge of the Family Court shall provide reasonable opportunity to both the sides to produce the documents , file necessary affidavit. After this job is done, the learned Judge of the Family Court shall hear and dispose of the matter in merits. This court has not expressed any views on merits of matter either way. iv) Learned Judge of the Family Court is directed to hear and dispose of the application within six weeks from the date of completion of filing all the documents. v) There shall be no order as to costs.

[R.Y.GANOO, J.]