MOHAN WADHWANI Vs. REKHA DAUGHTER OF LATE SHRI BHOJRAJ TAHLANI
LAWS(RAJ)-2018-4-98
HIGH COURT OF RAJASTHAN
Decided on April 24,2018

Mohan Wadhwani Appellant
VERSUS
Rekha Daughter Of Late Shri Bhojraj Tahlani Respondents

JUDGEMENT

Sanjeev Prakash Sharma, J. - (1.) The petitioner and the respondent who are present in person heard at length.
(2.) The petitioner has submitted that he had challenged the order passed by the Family Court No.2, Jaipur dated 24.05.2016 whereby the Family Court as over above orders passed by the Supreme Court directed to pay further a sum of Rs.5500/- with effect from the month of January, 2016 and also directed for paying Rs.5500/- for every month in future. The petitioner submits that the Division Bench in D.B. Civil Misc. Appeal No.1705/2005 decided on 06.11.2012 upheld the judgment and decree of dissolution of the marriage of the parties and passed an order relating to maintenance. The said order was challenged before the Supreme Court and the Supreme Court vide its order dated 24th March, 2014 passed the following order:- "Having considered the matter in its totality, we are of the view that the order passed by the High Court deserves to be sustained except to the extent that the payment of Rs.3 lakhs awarded to meet the educational and other expenses of the son of the parties is hereby enhanced to Rs.7 lakhs. Ordered accordingly."
(3.) In terms of the order passed, the petitioner was required to pay the amount to the respondent on 27.05.2015 in proceedings arising out of divorce petition, the petitioner was directed to pay sum of Rs.2,13,000/- to the respondent in terms of judgment of the Hon'ble Supreme Court and further petitioner's-employer has been directed that 2/3rd salary of the petitioner be deposited with Family Court till recovery of the amount. The said writ petition No.12346/2015 was dismissed by the Coordinate Bench on 18.09.2015 and the same was challenged by filing SLP 31172/2015 wherein the operation of the order was stayed. In the meanwhile, contempt petition No.7/2015 was filed by the respondent Rekha before the Apex Court, and the Apex Court vide its order dt.17.11.2015 passed the following order:- "In order to determine the quantum of maintenance, if any, payable by the respondent to the petitioner, we had, by our motion bench order dated 2.7.2015, directed the parties to appear before the Registrar (Judicial) of this Court, so as to enable them to project their rival claims towards maintenance. We had also required the Registrar (Judicial) to submit a report quantifying the computation of payment of maintenance, as directed from time to time, and also, the amount actually paid by the respondent to the petitioner. In furtherance of the aforesaid motion bench order, Mr. M.V. Ramesh, Registrar (J-II) has submitted a report dated 14.08.2015. Copies of the aforesaid report were furnished to the petitioner as well as the respondent. They have filed objections thereto. Since detailed objections have been filed, we are of the view, that the same will need to be examined. We accordingly direct the Registrar of this court to forward the aforesaid report dated 14.8.2015 to the Family Court No.1, Jaipur forthwith. The rival parties shall appear before the Family Court No.1, Jaipur on 02.12.2015 at 2:00 p.m. in order to substantiate their objections. After affording an opportunity of hearing to the rival parties, including the liberty to furnish documents (if necessary), the Family Court No.1, Jaipur shall submit a further report to this Court within one month of the parties appearing before the Family Court quantifying the computation of payment of maintenance, and the actual amount paid. A copy of the report of the Family Court No.1, Jaipur shall be furnished to the rival parties, who shall appear before this Court on 20.01.2016. List again on 20.01.2016";


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