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2012 DIGILAW 783 (BOM)

Deodato Cardozo v. Antoneta Benecia D' Silva Cardozo

2012-04-12

F.M.REIS

body2012
Judgment Heard Shri Diniz, learned Counsel appearing for the Petitioner & Shri Godinho, and learned Counsel appearing for the Respondent. 2. Rule. Heard forthwith, with the consent of both the learned Counsel. Learned Counsel appearing for the Respondent, waives service. 3. The above Petition challenges the Order dated 17.08.2010 passed by the learned Civil Judge, Senior Division, Margao and the Judgment dated 08.02.2011, passed by the learned Adhoc District Judge, South Goa, Margao, whereby the Petitioner has been directed to pay interim maintenance of Rs.22,533/-per month. 4. Shri Diniz, learned Counsel appearing for the Petitioner, has essentially challenged the impugned Order on the ground that he was not given appropriate hearing whilst passing the impugned Order. Learned Counsel further pointed out that the Civil Court has no jurisdiction to grant any interim maintenance. Learned Counsel further pointed out that the amount of Rs.22,533/-awarded by the impugned Orders is exorbitant as, according to him, the Petitioner is earning only a sum of Rs.45,000/-per month. Learned Counsel has further pointed out that this Court by an Order dated 08.03.2011 had directed the Petitioner to pay a sum of Rs.5,000/-per month to the Respondent, which the Petitioner has paid up to February, 2011. Learned Counsel as such submits that the impugned Order be quashed and set aside. 5. On the other hand, Shri Godinho, learned Counsel appearing for the Respondent, has disputed the contention of the learned Counsel appearing for the Petitioner. Learned Counsel further pointed out that the amount which has been ordered is based on the certificate produced by the Respondent to the effect that the monthly salary of the Petitioner is more than Rs.67,000/-at the relevant time. Learned Counsel further pointed out that the contention of the Petitioner to the effect that he was not given appropriate hearing cannot be accepted as, according to him, the Petitioner was always represented by an Advocate at the time of hearing of the Petitions. Learned Counsel further pointed out that considering the facts & circumstances of the case, the Petitioner is not entitled for any modification of the impugned Order and the Petition deserves to be rejected. 6. Learned Counsel further pointed out that considering the facts & circumstances of the case, the Petitioner is not entitled for any modification of the impugned Order and the Petition deserves to be rejected. 6. During the course of the hearing of the above Petition, the learned Counsel appearing for the Respondent did not dispute that during the pendency of the above Petition, one of the daughters of the marriage has become major and, as such, the Respondent is not entitled for any maintenance on that count. It is also not in dispute that the said daughter now resides in the company of the Petitioner herein. Considering the said subsequent events, there is no doubt that the amount of interim maintenance awarded by the Courts below deserves to be modified. The contention of Shri Diniz, learned Counsel appearing for the Petitioner, that the Petitioner was not given a hearing cannot be accepted as the records reveal that no grievance to that effect was raised by the Petitioner before the Courts below. So also the contention that the amount fixed as interim maintenance of Rs.22,533/-is exorbitant is also to be rejected. The said amount was fixed on the basis of the salary certificate of the Petitioner produced by the Respondent, which has to be accepted at this stage. But, considering that one of the daughters is now living with the Petitioner, the interim maintenance is modified to Rs.15,000/-per month. As far as the payment of maintenance from March 2011 which has not been paid by the Petitioner considering the said interim order passed by this Court, the Petitioner shall pay to the Respondent interim maintenance of Rs.5,000/-per month from March 2011 to April 2012 and thereafter @ Rs.15,000/-per month. 7. In the facts and circumstances of the case, the following Order is passed : ORDER (i) The Petitioner shall pay interim maintenance of Rs.5,000/-per month from March 2011 upto April 2012 within eight weeks from today. (ii) Petitioner shall pay interim maintenance of Rs.15,000/-per month from May, 2012 up to the disposal of the Marriage Petition pending before the learned Civil Judge, Senior Division, at Margao. (iii) The learned Civil Judge, Senior Division is directed to dispose of the Marriage Petition no. 12/2007/III as expeditiously as possible and, in any event, within one year from the receipt of the said above Order.(iv) All contentions of the parties on merits are left open. (iii) The learned Civil Judge, Senior Division is directed to dispose of the Marriage Petition no. 12/2007/III as expeditiously as possible and, in any event, within one year from the receipt of the said above Order.(iv) All contentions of the parties on merits are left open. (v) The impugned Orders of the Courts below are accordingly modified. (vi) Rule made absolute in the above terms. (vii) Petition is disposed of accordingly with no orders as to costs.