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2008 Supreme(Bom) 284

N.A.BRITTO
FRANCIS MILTON KEVIN NORONHA – Appellant
Versus
ALOMA ANA GOMES – Respondent


Advocates:
Advocate Appeared
For petitioner:S. G. Dessai, Senior Advocate with Shivan Dessai
For respondent: Sudin Usgaonkar

JUDGMENT:- Challenge in this petition is to the Order dated 6-1-2007 of the learned Civil Judge, Senior Division, Mapusa, by which the son of the petitioner and the respondent has been granted maintenance of Rs.50,000/- per month.

2. Briefly stated, the petitioner and the respondent after having known each other on friendly terms got married on 1-5-1993 and of the said marriage they have a son by name James, born in the year 1988 and who presently studies in Std. lVth.

3. The respondent-wife on or about 13-5-2002 filed a suit for divorce, inter alia, on the ground of ill-treatment under Article 4(4) of the Law of Divorce and by a separate application dated 23-7-2002 sought maintenance for herself and for the said son. The learned trial Court by the impugned Order dated 6-1-2007 was pleased to allow the said application and order the payment of maintenance, as aforesaid, to be paid on 5th of every succeeding month. As against the said Order the petitioner-husband filed the present writ petition. On 5-4-2007, the impugned Order was stayed, and, on 13-9-2007 this Court after hearing both the parties granted stay as far as the arrears at the rate of Rs.50,000/- per month were concerned b












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