IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO.115 OF 2014
Rajiv Hiranandani … Petitioner
Namrata Zakaria … Respondent
Ms.Edith Dey, for the Petitioner.
Ms.T.F.Irani, for the Respondent.
Both the parties are present.
CORAM : REVATI MOHITE DERE, J.
DATED : 30th July, 2014.
1. Heard learned counsel for the parties.
2. The Petitioner herein, is challenging the order dated 3rd December, 2013, passed by the learned Family Court Judge, Bandra, Mumbai, below Exhibit – 6 in Petition No.C141 of 2012, by which the petitioner has been directed to pay Rs.50,000/, by way of adhoc interim maintenance.
3. By consent, the impugned order dated 3rd December, 2013, passed by the learned Family Court Judge, Bandra, Mumbai, below Exhibit – 6 in Petition No.C141 of 2012, is quashed and set aside. As far as second prayer of the petitioner, seeking transfer of the case is concerned, the said prayer is rejected as it is without substance and devoid of merit.
4. Learned Counsel for the Respondent submits that the respondent has moved an application before the Family Court, seeking amendment to the main petition, being Petition No.C141 of 2012, for deletion of the reliefs sought for under the Domestic Violence Act. Learned Counsel for the Petitioner states that she will not oppose the amendment application, wherein the amendment is for deleting the reliefs sought for under the Domestic Violence Act. Learned Counsel for the Respondent states that the respondent be permitted to file a fresh application seeking interim maintenance under the Hindu Adoption and Maintenance Act.
5. The application preferred by the respondent, seeking amendment to the Petition No.C141 of 2012, be decided as expeditiously as possible and in any event within one month from the date of receipt of this order.
6. If the Respondent files a fresh application, seeking interim maintenance in Petition No.C141 of 2012, under the Hindu Adoption and Maintenance Act, the learned Family Court Judge, to decide the same as expeditiously as possible and in any event within two months from the date of filing of the said application.
7. In the meantime, without prejudice to the rights and contentions of the petitioner, the petitioner shall pay costs of Rs.50,000/ to the respondent, within four weeks from today. The said costs shall be paid in two installments of Rs.25,000/ each, to the respondent. The first installment of Rs.25,000/ shall be paid within two weeks from today and the second installment of Rs.25,000/ be paid within two weeks thereafter. The learned counsel for the petitioner states that the said costs will be paid, by the petitioner, without prejudice to his rights and contentions.
8. As the impugned order is being set aside by consent, it is made clear that this Court has not gone into the merits of the case. Needless to state, that the said order passed, is without prejudice to the rights and contentions of both the parties. All contentions of both the parties are expressly kept open.
9. The Petition is disposed of on above terms.
10. Parties to act on the authenticated copy of the order.
(REVATI MOHITE DERE, J.)