Bombay High Court
Om S/O Mahadeorao Bagade vs Yugandhara @ Tini Om Bagade on 1 August, 2016
Bench: A.S. Chandurkar
33-J-WP-6119-15 1/4
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.6119 OF 2015
Om s/o Mahadeorao Bagade,
aged 31 yrs. Occ. Service,
r/o Asalgaon (Bazar)
Tq. Jalgaon Jamod
Now residing at Alandi Road,
At post Moshi, Tq. Haveli, Dist. Pune. ... Petitioner
-vs-
Yugandhara @ Tini Om Bagade,
aged 28 yrs, r/o c/o Dadarao Shrawan Raut,
Vitthalwadi, Patinge layout, Yavatmal,
Tq. and Dist. Yavatmal.
Shri A. V. Bhide, Advocate for petitioner.
Shri Mir Nigman Ali, Advocate for respondent.
CORAM : A.S.CHANDURKAR, J.
DATE : August 01, 2016
Oral Judgment :
Rule. Heard finally with consent of learned counsel for the
parties.
The order dated 20/06/2015 passed by the Civil Court in
proceedings for grant of interim maintenance is under challenge in this writ
petition. According to Shri A. V. Bhide, the learned counsel for the
petitioner, there was an earlier order passed by the learned Magistrate in
proceedings under Protection of Women from Domestic Violence Act, 2005
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granting an amount of Rs.2500/- per month to the respondent and Rs.1500/-
per month to her daughter. The said order was not taken into consideration
while determining the amount of interim maintenance.
Shri Mir Nigman Ali, the learned counsel for the respondent
submitted that though the learned Magistrate has awarded interim
maintenance by order dated 26/05/2015, considering the income of the
petitioner the impugned order does not call for any interference.
2. Having heard the respective counsel, I find that the order dated
26/05/2015 passed by the learned Magistrate continues to operate and same
has not been challenged by the petitioner. By the said order, the respondent
was receiving Rs.2500/- per month and her daughter was entitled to receive
Rs.1500/- per month as maintenance. The aforesaid order ought to have
been taken into consideration while determining the quantum of
maintenance to be paid in the matrimonial proceedings. As the same has no
been done, it is found necessary that the application of interim maintenance
deserves to be decided afresh by considering the order dated 26/05/2015
passed by the leanred Magistrate.
3. In view of aforesaid, the order dated 20/06/2015 passed below
Exhibit-14 in H.M.P. No.140/2014 is set aside. The trial Court shall decide
the aforesaid application afresh and in accordance with law after taking into
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account the interim maintenance being paid by the petitioner in proceedings
under the Act of 2005. Till this application is decided the petitioner shall
continue to pay the respondent interim maintenance as per the order dated
26/05/2015. The arrears, if any, as per order dated 26/05/2015 shall be
cleared by the petitioner before the subsequent application is taken into
consideration. The application shall be decided on its own merits and in
accordance with law expeditiously.
Rule is made absolute in aforesaid terms with no order as to costs.
JUDGE
Asmita
33-J-WP-6119-15 4/4
-: C E R T I F I C A T E :-
" I certify that this Judgment/order uploaded is a true and
correct copy of the original signed Judgment/order."
Uploaded by :
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Personal Assistant
Uploaded on :
04/08/2016
