Vishwas Narhari Sahastrabudhe vs Varda Vishwas Sahastrabudhe

Vishwas Narhari Sahastrabudhe ... Appellant

VERSUS

Varda Vishwas Sahastrabudhe ...Respondent

ORDER

1. Leave granted.

2. This appeal is directed against the Judgment and order

dated 31st of August, 2006 passed by the High Court of

Judicature at Bombay in Family Court Appeal No. 15 of

2006, by which the decree passed by the Family Court at

Pune, granting divorce under Section 13(1) (1-a) of the

Hindu Marriage Act, 1955 was affirmed but had

remanded the matter back to the Family Court for proper

determination of issues of permanent alimony and

ownership of flat in Triveni Nagar. Against the aforesaid

order of remand, the husband/appellant had filed a

1 Special Leave Petition, which on grant of leave, was

heard in presence of the learned counsel for the parties.

It is to be noted that while issuing notice on this Special

Leave Petition on 12th of March, 2007, this Court passed

the following order :-

"Delay condoned.

Issue notice.

Learned counsel for the petitioner states that he does not challenge the finding on divorce and monthly maintenance."

3. The issues that were framed by the impugned Judgment

of the High Court are as follows :-

"(a) Whether the original petitioner will in law be entitled to seek declaration as prayed for from Family Court under Family Court's Act?

(b) If yes, whether in the facts and circumstances of this case, the original petitioner should be given such declaration of Family Court or any other order as Family Court may deem fit?

(c) Whether Family Court can record any finding about flat at Mhatre Bridge and Triveni Nagar in the absence of Narhari alias Kishor, father of the appellant?

(d) Whether in facts and circumstances of the case, the original petitioner proves that flat at Mhatre Bridge and Triveni Nagar were/are owned by the appellant?

(e) What should be the amount of permanent alimony in the facts and circumstances of this case?"

2 4. Considering the issues framed by the High Court, we find

that the question of jurisdiction of the Family Court has to be

taken into consideration by it and that being the position, at this

stage, we are not inclined to interfere with the order passed by

the High Court. However, we make it clear that the Family

Court shall not be influenced by any of the observations made

by the High Court in the impugned Judgment while deciding

the issues as directed by the High Court and the Family Court

shall decide the same in accordance with law including the

question whether Section 27 of the Hindu Marriage Act, which

deals with disposal of property is applicable in the facts of this

case or not.

4A. However, the amount of Rs. 6,00,000/- (Six Lacs), which

has been directed to be paid by the High Court to the

respondent, is stayed till the disposal of the Family Court

proceeding after remand. At the same time, we modify the

order dated 10th of August, 2007 of this Court to the extent that

instead of Rs. 2000/- as maintenance to each of the child of the

parties, a sum of Rs. 5000/- by way of maintenance to each

child shall be paid by the husband to the respondent/wife

3 regularly from 1st of February, 2009 onwards or till the Family

Court decides the disputes after remand.

5. The appeal is thus disposed of. There will be no

order as to costs.

.................................J. [ TARUN CHATTERJEE ]

NEW DELHI: .................................J. JANUARY 27, 2009 [H. L. DATTU]

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