1 wp135of2015.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Criminal Writ Petition (WP) No. 135 of 2015
PETITIONER : Mr. Milind Nagorao Tapare,
Aged about 31 years, Occu: Service,
R/o At A-502, Sonigara Angan, Near
PCMC Water Tank, Ravet,
Pune:412001.
// VERSUS//
RESPONDENT : Mrs. Chetna Milind Tapare
d/o Shamrao Wagh,
Aged about 28 years, Occu:Housewife,
R/o at Pundlik Baba Colony,
Near Chaitanya Colony, By pass Road,
Amravati-12.
__________________________________________________________
Shri Soumitra Paliwal, Advocate for Petitioner.
Shri R.D. Wakode, Advocate for Respondent.
__________________________________________________________
CORAM : R.K. DESHPANDE, J.
DATE : 10/10/2017 ORAL JUDGMENT 1] Rule, made returnable forthwith. Heard finally by
consent of the learned counsels appearing for the parties.
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2 wp135of2015.odt
2] The challenge in this petition is to the order dated
08/12/2014 passed by the learned Principal Judge of Family Court at Amravati, granting interim maintenance of Rs. 14,000/- (Rupees fourteen thousand) per month to the Respondent-Wife, with effect from 02/05/2013.
3] It is conceded by Shri Paliwal, the learned counsel appearing for the respondent-wife, that the direction to pay the maintenance with effect from 02/05/2013 cannot be justified. However, he submits that the application was filed on 28/02/2014 and hence, he has no objection if the date "02/05/2013" is corrected as "28/02/2014". Hence, maintenance shall be made payable from 28/02/2014 under the order impugned in this petition.
4] Shri Paliwal, has also challenged the grant of maintenance of Rs. 14,000/-, by inviting my attention to paragraph-22 of the petition, wherein it has been stated that the petitioner is paying home loan and installment. It is not permissible to grant deductions of such installment from the amount of his earnings. The contention is, therefore, rejected. ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:11:02 :::
3 wp135of2015.odt 5] In the result, the petition accordingly partly allowed.
The date date "02/05/2013" appearing in the order of the Family Court, impugned in this petition, shall stand corrected as "28/02/2014". Rest of the order is maintained. 6] Rule accordingly. No order as to costs.
JUDGE nandurkar ::: Uploaded on - 13/10/2017 ::: Downloaded on - 14/10/2017 02:11:02 :::