(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) The appellant wife has filed affidavit dated 14.3.2012 in which it is stated that since last 11 months respondent husband has not paid any alimony to her. It is further stated that since April 2011, she has not received any amount from husband. In the final judgement that the Family Court passed on 30.1.2009, the husband was directed to pay monthly maintenance of of Rs.3000/- till the wife remarries. It is not in dispute that wife has not remarried. As per the statement of the wife, thus husband is in arrears of maintenance for past 11 months.
Learned counsel Shri Panchal for the husband stated that maintenance arrears may be for a period of 9 to 10 months. He however, showed willingness to pay sum of Rs.33,000/- to the wife towards maintenance arrears to be adjusted as per final calculation. Respondent husband shall accordingly issue a cheque in favour of the appellant wife for a sum of Rs. 33,000/- latest by 20.3.2012.
Appellant wife shall also on the next date of hearing indicate the bank account number that she holds in which respondent husband shall deposit monthly maintenance regularly.
Above payment of Rs.33,000/- by the husband is subject to adjustment. In other words, if it is found that maintenance arrears is for a period less than 11 months, excess payment would be adjusted towards future maintenance.
The respondent husband shall also file affidavit disclosing his monthly gross income of last 6 months as well as the tax deduction from such income. He shall produce the last salary slip of employer bank along with affidavit. S.O. to 20.3.2012.
(Akil Kureshi,J.) (C.L.Soni,J.) (raghu) Top