Pramila Premnath Gadekar vs Premnath P. Gadekar And Others

M. S. Sonak, J

Heard Mr. Gautami Kamat, learned counsel appointed under the Legal Aid Scheme for the petitioner, and Mr. Amey Phadte, learned counsel for

the respondents no.1 to 8.

After this matter was argued for some time, the same is now being disposed of by making the following order:-

(i) The statement made by Mr. Phadte based on the instructions from respondent no.1 that respondent no.1, without prejudice to his rights and

contentions, will pay interim maintenance of Rs.5,000/- per month to the petitioner effective from January 2022 is hereby accepted. Respondent no.1,

consistent with this statement will have to pay this interim maintenance on or before the 5th day of each succeeding month. The interim maintenance

for January 2022 shall now be paid on or before 27.01.2022.

(ii) The interim maintenance shall be paid directly to the petitioner or be deposited before the Trial Court from where the petitioner can withdraw the

same.

(iii) Towards arrears, respondent no.1 has agreed to pay a lump-sum amount of Rs.2 lakhs within two months from today. Again, this statement is

accepted and respondent no.1 is directed to comply with the same. The amount can be directly paid to the petitioner or be deposited before the Trial

Court from where the petitioner can withdraw the same.

(iv) The aforesaid statements and payments/deposits by respondent no.1 shall be without prejudice to the rights and contentions of respondent no.1.

Similarly, the acceptance of these amounts shall also be without prejudice to the rights and contentions of the petitioner for claiming further and

additional amounts right from the date of the institution of the petition seeking maintenance and other reliefs.

(v) If, within two months the amount of Rs.2 lakhs is indeed paid or deposited by respondent no.1, then, the Trial Court should consider disposing of

the proceedings pending before it under the Domestic Violence Act as expeditiously as possible and in any case within six months from the date of

such payment/deposit.

(vi) Fair opportunity should be granted to both the parties and in particular, the petitioner, should not delay or prolong these proceedings now that an

order has been made for interim maintenance. If there is an unnecessary delay, then, the Trial Court will be at liberty to vary/reduce this amount of

interim maintenance. Similarly, if there is an unnecessary delay on the part of the respondents, the Trial Court will be at liberty to increase this amount

of interim maintenance.

(vii) The contentions of all parties on merits are expressly kept open for determination by the Trial Court in the pending proceedings which are now

ordered to be expedited.

The impugned orders stand modified in the aforesaid terms. Further, it is made clear that the Trial Court will dispose of the pending proceedings

uninfluenced by any observations made in the impugned orders or for that matter in the present order.

This Court records its appreciation for the efforts put in by Ms. Gautami Kamat, learned counsel appointed under the Legal Aid Scheme to appear

on behalf of the petitioner. The Registry to ensure that Ms. Kamat is paid the fees in terms of the rules at the earliest. This payment of fees is in

addition to the gratitude which the Court expresses to her.

Similarly, this Court also appreciates the fair and reasonable approach of Mr. Phadte, learned counsel for the respondents.

The petition is disposed of in the aforesaid terms without making any order for costs.