SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

DALVI R.S.
Neelam Dadasaheb Shewale – Appellant
Versus
Dadasaheb Bandu Shewale – Respondent


Counsel for the Parties:
For the Petitioner:Milind N. Jadhav i/b Sagar G. Talekar, Advocates.
For the Respondent:R.T. Lalwani, Advocate.

JUDGMENT

Dalvi R.S. (Mrs.), J.—This writ petition challenges three interim orders passed in MJ Petition No. A1633/97 which was for enhancement of maintenance under 25(2) of the Hindu Marriage Act.

2. It may be mentioned that an application under that provision can be filed only upon change in the circumstances of either party which would require modification of the order of permanent alimony passed.

3. Two orders are passed upon three applications of the parties.

4. One application was filed by the ex-husband (husband) seeking to restrain his ex-wife (wife) from using his surname (name) since divorce decree has been already passed and has became final. This application came to be filed as an interim application in the fresh Petition filed by the wife after divorce.

5. The Advocate on behalf of the wife argued that the separate Petition only should have been filed. Both these reliefs permanent and interim are between the same parties pursuant to the same marital relationship which has since ceased. Under Section 7 of the Family Courts Act the Family Court has jurisdiction to decide the petition-application as well as a suit or proceeding (permanent or interim), for injunction arising

















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top