SUSAN THEREZA PINTO ALIAS SUSAN CARDEIRO Vs. AIRES JOSE OCTAVIANO JOAO CORDEIRO
LAWS(BOM)-2017-10-158
HIGH COURT OF BOMBAY
Decided on October 12,2017

Susan Thereza Pinto Alias Susan Cardeiro Appellant
VERSUS
Aires Jose Octaviano Joao Cordeiro Respondents

JUDGEMENT

Nutan D. Sardessai, J. - (1.) Heard Shri A.D. Bhobe, learned Advocate for the Petitioner and Shri R. Menezes, learned Advocate for the Respondent.
(2.) This petition takes exception to the order dated 29/12/2008 passed by the Senior Civil Judge, Mapusa and particularly the order dated 08/08/2014 passed by the District Judge-I in the Misc. civil Application No.145 of 2009 in the petition under Article 226 and 227 of the Constitution of India.
(3.) The petitioner as the original applicant had initiated proceedings for divorce, separation of properties, permanent injunction and custody of the child before the Senior Civil Judge, Mapusa. In the said proceedings she had also filed an application for the grant of interim maintenance under Article 29 of the Family Laws. It was her case that she was in dire straits as her family was unable to continue maintaining her more so on account of the illness of her mother and that she would be rendered destitute in case the maintenance as prayed for was not granted. Besides, her husband i.e. the respondent held a good post i.e. of a Captain and was in a well placed job as a Chief Officer of the ship earning an amount equivalent to Rs. 2 lakhs per month and working on board the vessel in a senior position for the last 19 years. It was her case that he had accumulated a large amount of earning as savings and she was in need of interim maintenance to rebuild her life and prevent her from abject penurty and dependency. The respondent had let out one of the flats to the students of IIAS unlike the petitioner who was depending on her family members and loans from her wellwishers to make ends meet.;


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