Mumbai,Oct 29,2012: Holding that a wife is entitled to interim maintenance during a divorce proceeding, the Bombay high court has ordered an Indian-origin Nigerian businessman to pay his Dubai-based spouse Rs 25,000 every month and also pay expenses incurred for travelling to Mumbai for the case.
A division bench headed by Chief Justice Mohit Shah also recently ordered the husband to pay Rs 25,000 per month to the couple's child for his maintenance and bear expenses for the kid's education.
The Bench was hearing an appeal filed by Hannah Bakshani against the family court order dismissing her plea for interim maintenance and also against the order of a single bench of the high court which had refused similar relief.
“We are shocked to find that the family court has not passed any order for giving travelling expenses to the wife who is the respondent in the divorce petition. We, therefore, direct that the husband shall deposit in the family court Rs 1 lakh whenever the appellant is required to visit India,” the court said.
The husband, Deepak Bakshani, who has his business in Nigeria, had filed for divorce in family court here. During the pendency of the case, his wife, based in Dubai, filed a petition for interim maintenance for herself and then minor son. She also sought travelling expenses from Dubai to Mumbai to attend court hearings.
The Family court dismissed the claim for maintenance for the son on the ground that he attained majority during pendency of the application for interim maintenance.
At the same time, the family court pointed out that the appellant, as mother, has been taking good care of her son even though no amount has been awarded for his maintenance.
Even the single judge of the HC observed that the maintenance for the period prior to the son attaining majority can be taken care of at the time of trial.
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