Introduction:
The case of Mr. Capt. Vikrant Shankar Sabnis vs Mrs. Vaishali Vikrant Sabnis concerns a Civil Writ Petition and Review Petition filed in the Bombay High Court. The petitioner seeks to challenge an order passed by the Family Court regarding the payment of interim maintenance for his daughter.
Background:
The petitioner, a Captain in the Indian Navy, filed a petition for dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, citing marital discord. During the proceedings, the custody of their daughter, Etasha, was transferred to the respondent-wife, who subsequently filed an application for interim maintenance for their daughter.
Key Arguments:
The petitioner’s counsel argued that the maintenance awarded by the Naval Authorities and the petitioner’s existing financial commitments, including a housing loan, should be considered while determining the amount of maintenance. It was contended that the awarded maintenance of Rs. 20,000 per month for the daughter was excessive.
Court’s Observations:
The court noted the petitioner’s salary, deductions for maintenance and loan repayment, and considered the custody arrangement for the children. The court acknowledged the petitioner’s financial responsibilities but found the awarded maintenance reasonable given his salary and obligations.
Court’s Decision:
The court dismissed the petition, upholding the Family Court’s order for interim maintenance of Rs. 20,000 per month for the daughter. The petitioner was directed to clear any arrears within six months. Additionally, the Family Court was instructed to expedite the hearing of the pending application concerning the petitioner.
Conclusion:
With the dismissal of the petition, the court affirmed the decision of the Family Court regarding interim maintenance. The petitioner was directed to fulfill his financial obligations, and the Family Court was urged to prioritize the pending application for the benefit of all parties involved.