Smt. Jaya W/O Dilip Khobragade vs Dilip S/O Bhagwanrao Khobragade
2016 Latest Caselaw 435 Bom

                                          1                                          revn194.12




                                                                                  
                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     




                                                          
                              NAGPUR BENCH, NAGPUR.


     CRIMINAL REVISION APPLICATION NO.194 OF 2012




                                                         
     Smt. Jaya w/o Dilip Khobragade,
     Aged about 30 years, 
     Occupation - Housewife, 




                                             
     R/o C/o Sheshrao Gulabrao Wankhede,
     Bicchu Tekade, Amravati. ig                                   ....       APPLICANT


                      VERSUS
                            
     Dilip s/o Babanrao Khobragade,
     Aged about 42 years,
      

     Occupation - Head Constable, S.R.P.F.,
     R/o 51/2, Economic Group S.R.P.
   



     Wasahat, Wadali, Amravati, Tq. & 
     District Amravati.                                            .... NON-APPLICANT

     ______________________________________________________________





                  Mrs. A.A. Bhide, Advocate for the applicant, 
                Shri A.J. Mirza, Advocate for the non-applicant.
      ______________________________________________________________





                                   CORAM : Z.A. HAQ, J.

DATED : 8 MARCH, 2016 th

ORAL JUDGMENT :

1. Heard Mrs. A.A. Bhide, Advocate for the applicant (wife)

and Shri A.J. Mirza, Advocate for the non-applicant (husband).

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2. The applicant (wife) being dissatisfied with the amount of

maintenance allowance granted by the Family Court, has filed this

revision application.

3. The entitlement of the applicant (wife) to receive the

amount of maintenance and the liability of the non-applicant

(husband) to pay the maintenance allowance is not disputed. The

findings recorded by the Family Court that the wife has proved that

she is not having any source of income and that the husband is

avoiding and refusing to pay maintenance amount are not challenged

by the non-applicant. The only issue which is required to be

considered in the revision application is whether the amount of

maintenance allowance granted by the Family Court to the wife at the

rate of Rs.2,000/- per month is proper and adequate and

commensurate with the income of the non-applicant (husband).

4. The non-applicant is serving in S.R.P.F. as Head

Constable. The documentary evidence on the record that is the salary

slip of the non-applicant for January 2012 shows that the non-

applicant was receiving salary of Rs.19,911/- per month and after

deductions he was receiving Rs.7,875/- per month. The learned

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Advocate for the non-applicant has submitted that the deductions are

towards the repayment of loan which the non-applicant has taken.

5. Considering the income of the non-applicant and the fact

that the non-applicant is not having the liability of maintaining anyone

except the applicant (wife), in my view, it would be appropriate to

direct the non-applicant (husband) to pay maintenance allowance of

Rs.4,000/- per month to the applicant (wife). This amount of

maintenance shall be paid by the non-applicant (husband) to the

applicant (wife) from March 2016.

6. The criminal revision application is allowed in the above

terms. In the circumstances, the parties to bear their own costs.

JUDGE

pma