IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

CIVIL WRIT PETITION NO.1890 OF 2011

.........

Abraham Titus .. Petitioner

v/s. Suzette June Titus .. Respondent

Mr. Ravi Bhat i/b Ms. Rita Abraham for the petitioner Mrs. Gayatri Singh with Ms. M.S. Dias for the respondent .........

CORAM : R.Y.GANOO, J. DATE : 14th MARCH, 2011

P.C. :

1. Heard learned Counsel on both sides. By order dated 15th April, 2008 below Exh.13 i.e. Interim Application No.367 of 2007 in Petition No.E-1572 of 2007, learned Judge of the Family Court by order dated 15th April, 2008 directed the petitioner-husband to continue to pay Rs. 4,000/- per month to the respondent-wife towards household expenses and society maintenance, gas, electricity, karate classes and other educational expenses of the children. The petitioner is also directed to pay Rs.3,000/- per month to the wife for her maintenance and Rs. 2,000/- per month for expenses of the younger son. These amounts were payable from the date of the application. The petitioner Abraham has no grievance about this order.

2. It is noticed that on 20th January, 2011 the respondent filed an application before the learned Judge of the Family Court at Exh.53 in Petition No.A-1572 of 2007 praying that the petitioner should start paying EMI of Rs.22,937/- per month along with the default amount of Rs.1,60,000/-. By prayer clause clause (b), it was also prayed that society maintenance amount to Rs.34,000/- by way of arrears and monthly maintenance of Rs.2,495/- should be paid. The petitionerhusband has not filed his reply. Learned Judge of the Family Court has passed an order on 14th February, 2011 directing the petitioner to pay to IDBI Bank Rs.1,60,000/-. That amount was to be paid within 8 days.

3. I have heard learned Counsel on both sides. Petition is admitted. Rule is issued. Learned Counsel appearing on behalf of the respondent waives service. By consent petition is taken up for hearing.

4. Learned Counsel for the petitioner submits that the petitioner has received letter dated 14th January, 2011 calling upon petitioner to pay outstanding of Rs.6,84,000/- and odd amount. Learned Counsel Mr. Bhat apprehended that even if the petitioner wanted to pay Rs. 1,60,000/-, IDBI Bank may not receive the same.

5. I am not in agreement with this submission. If the petitioner is

the debtor and IDBI bank is the creditor, surely IDBI bank will have no difficulty in accepting any amount, may be in part, towards the repayment of whatever amount which is outstanding. In view of this, there is no need to interfere in the order by which the petitioner has been directed to pay to the IDBI bank a sum of Rs.1,60,000/-. Learned Counsel on both sides inform the Court that order dated 14th February, 2011 was by way of an interim arrangement. The petitioner has to file affidavit-in-reply. This will mean that the said application dated 20th January, 2011 is to be heard finally. In view of this, there is no need to interfere in the order dated 14th February, 2011. Some time can be given to the petitioner to pay a sum of Rs.1,60,000/- to IDBI bank. The petitioner accordingly should offer to IDBI bank a sum of Rs.1,60,000/ by appropriate method of payment. In the normal course, IDBI bank should accept the same amount. If the IDBI bank declines to receive the said amount of Rs.1,60,000/-, IDBI bank is requested to inform the petitioner in writing so that the said letter can be placed before the learned Judge of the Family Court for further and appropriate orders. Hence, following order is passed to dispose of this petition.

ORDER

(i) The petitioner is granted time to pay to IDBI bank a sum of Rs. 1,60,000/-. This be done by the petitioner on or before 25th March, 2011. Accordingly, petitioner shall offer to pay Rs. 1,60,000/- to IDBI bank. If IDBI bank receives the said amount, petitioner to produce appropriate receipt before the learned Judge of the Family Court. If the IDBI bank refuses to accept this amount, petitioner to produce satisfactory material to show to the learned Judge of the Family Court that IDBI bank is not accepting the said amount.

• (ii) Learned Judge of the Family Court is directed to hear and dispose of the Application dated 20th January, 2011 at Exh.53 as expeditiously as possible.
• (iii) The Court has not expressed any views on the merits of the matter.
• (iv)Learned Judge of the Family Court will decide the matter in accordance with the provisions of law.
• (v) The Petitioner to produce authenticated copy of this order to IDBI bank while making the payment.
• (vi) The Petition is disposed of in the above terms with no order as to costs.

(R.Y.GANOO, J.)