Oral Judgment:
Heard Shri M. Rodrigues, learned Counsel appearing for the Petitioner and Mrs. Asha Dessai, learned Counsel appearing for the Respondent no. 1.
2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waives service.
3. The above Petition challenges the Order passed by the learned J.M.F.C., Sanguem, dated 18.03.2010, whereby the interim relief sought by the Petitioner under Section 23 of the Protection of Women from Domestic Violence Act, 2005, came to be dismissed. Appeal preferred challenging the said Judgment also came to be dismissed by the learned Addl. Sessions Judge, South Goa, Margao, by Judgment dated 26.08.2011.
4. After hearing the matter for sometime, it was agreed by the learned Counsel appearing for the respective parties that the interim maintenance fixed by the learned J.M.F.C. of Rs.2,500/- to be paid to the minor child can be modified whereby the Respondent would pay a consolidated amount for maintenance as an interim measure to both the Petitioner and her minor child.
5. Ms. Dessai, learned Counsel appearing for the Respondent, upon instructions, has agreed to pay a sum of Rs.6,000/- per month as interim maintenance from January, 2012 onwards. Learned Counsel has also raised a grievance that the Respondent has not been provided with visitation rights of the minor child.
6. Shri Rodrigues, learned Counsel appearing for the Petitioner, upon instructions from the Petitioner, is agreeable to provide visitation rights to the Respondent and that such visitation rights shall initially be on every working Saturday in the Court of the learned J.M.F.C., Sanguem, from 3.00 p.m. to 5.00 p.m.
7. Hence, by consent of the learned Counsel appearing for the respective parties, I pass the following :
ORDER
(i) The impugned Orders passed by the Courts below are modified and the Respondent shall pay interim maintenance to the Petitioner and her minor child at a sum of Rs.6,000/- per month, from January, 2012 until the disposal of the main Petition. The amounts from January, 2012 upto July 2012 shall be paid after deducting any amount which at all paid by the Respondent to the Petitioner.
(ii) The said statement of the learned Counsel with regard to visitation rights referred to herein above, stands accepted.
(iii) Rule is disposed of in the above terms.