Topics: Marriage, Court, Legal terms Pages: 8 (3139 words) Published: November 1, 2011
The petitioner Mrs Rashmi Luthra(Petitioner) lawfully married Mr Rahul Luthra as per the Special Marriage Act, 1954 on 16th November,2005 which has been registered by the Registrar of Mumbai (Marriage Certificate).The Marriage has also been performed as per the Hindu rites and ceremonies on 23rd Nov,2005.The expenses for the marriage ceremonies were borne by the petitioners father(Bill of the expenses) The Reception of the marriage was held on 24th Nov 2005,and the expenses of the marriage reception was equally paid by both the parties as per the understanding . The total expenses for the marriage spent by the petitioners father is approximately Rs 10 lacs. On 27thNov, 2006 a daughter was born out of the wedlock, named Tiessha in Indore who is in the care and custody of Rashmi Luthra The petitioner filed a suit for Divorce u/s 13(1)(ia) of The Hindu Marriage Act, the Family Court At Bandra, Mumbai Petition No A-2441 Of 2007 dated 2oth Nov along with an interim application claiming maintenance of Rs 30,000 /month for the minor child and the petitioner and also the Respondent pay a deposit of Rs1 crore in the minor’s daughters name.(Bills with respect to the expenses incurred by the Petitioners parents for the minor child have been produced). CONSENT TERMS: During the pendency of the said petition It has been mutually decided between the petitioner and the Respondent Vide Consent Terms dated 9th May,2008 that Divorce by Mutual Consent be filed in the Hon’ble Family Court. The petitioner and the respondent are staying separately from 24thApril 2007 onwards and the petitioner have stated that the marriage has irretrievably broken down and hence have mutually agreed to divorce .In the consent terms it was agreed that the custody of the daughter is with the petitioner mother and will continue to remain with the mother .The respondent father shall avail access once a month at Mumbai , as per the convenience of both the parties .The respondent has to return the articles & ornaments as per the list. The issue raised by the petitioner is regarding maintenance, alimony and accommodation for the petitioner and the minor child who is 1year and 5 month old. AFFADAVIT OF PETITIONER: As per pleading of the petitioner, the respondent is having 2 houses at Mumbai, 2 storey houses in Indore, Delhi, & a lavish house in Dubai as shown in the Income tax filed by the respondent. He is the Chairman of Imperial Academy in Indore, (as shown in the e mail) and is the owner of the Export House of cars’ in Dubai and has various other business.(Marriage card showing the various business ventures) The Respondent and the family members are Non Resident Indian and they have travelled to Dubai every now for Business. In her affidavit the petitioner has stated that she has also on 3 occasions travelled to Dubai by Business class (as shown in the passport) The monthly income of the respondent is Rs 15 lacs which he is trying to conceal before the Honb ’le Court. APLICATION FOR CUSTODY & / OR ACCESS OF THE MINOR CHILD BY THE RESPONDENT: On 21st February, 2oo8 an interim application has been made, in which the Respondent states that the petitioner is working for gain, she is most of the time out of the house .She has no love for the child, and there is no one to look after the progress of the child, and hence she is not fit to have care &custody of the child. The Respondent states the custody of the child be given to him and he can look after the education, prospectus, of the child. REPLY TO THE APPLICATION: On 21st February the Respondent in reply to the interim maintenance application has stated that the allegation is not maintainable as there is no justification and to be dismissed. In his reply statement he has stated that he is employed with Imperial Academy and getting a salary which can be substantiated from the Income tax return which the...
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