Bombay High Court
Amit S/O Suresh Pali vs Smt. Rita W/O Amit Pali on 27 June, 2017
Bench: P.N. Deshmukh
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO.339 OF 2016.
PETITIONER: Amit Suresh Pali,
aged about 33 years, Occu: Service,
R/o S.E.C.Railway Colony, Qrt.No.132/1,
Sadar, Mount Road, Nagpur.
: VERSUS :
RESPONDENT: Smt.Rita w/o Amit Pali,
aged about 37 yeafs, R/o C/o Shri
Ramavtar Pal. 406, Chitnis Nagar,
P.S.Sakkardhara, Nagpur.
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Mr.H.G.Katekar, Adv. for the petitioner.
Mr.P.S.Tiwari, Adv. for the respondent.
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CORAM: P.N.DESHMUKH, J.
DATED: 27th JUNE, 2017.
ORAL JUDGMENT:
1. Rule. Rule is made returnable forthwith. Heard finally by
consent of learned counsel of both the parties.
2. Challenge in this petition is to the impugned order dated 23rd
March, 2016 passed by learned Family Court No.3, Nagpur granting
interim maintenance at the rate of Rs.7000/- per month to
respondent/wife and Rs.4000/- per month to daughter. Learned
counsel for the petitioner submitted that respondent/wife herself is
educated and is not entitled for any maintenance, however, has not
raised any objection for grant of maintenance at the rate of Rs.4000/-
per month to daughter.
3. Learned counsel for the respondent/wife has tendered at bar
Pay-slip of petitioner/husband of the month of April, 2017 and has
contended that monthly income of petitioner is exceeding Rs.50,000/-
and after deductions, his net pay is Rs.35,128/-. It is further pointed
out that petitioner is deducting Rs.10,000/- towards provident fund. It
is noted that in the impugned order the learned Judge of the Family
Court has observed that respondent/wife is entitled for maintenance
inspite of the fact that she is educated as she is unemployed. In that
view of the matter, it is noted that merely because respondent/wife is
educated but if she is unemployed, having no source of income she is
entitled for maintenance. Even otherwise order impugned is in respect
of grant of interim maintenance. In that view of the matter petition can
be disposed of by passing suitable orders as under.
-ORDER-
Petition is allowed. Petitioner/husband is directed to pay
amount of Rs.5000/- per month to respondent/wife and Rs.4000/- per
month to daughter till disposal of maintenance application filed by
respondent/wife under Section 125 of the Code of Criminal Procedure
before the Family Court.
Learned Court who is seized with the application shall make
an endeavour to expeditiously dispose of the same.
Needless to say that petitioner shall deposit amount of
arrears as per impugned order before the Family Court within one
month calculating the same at the rate of Rs.5000/- and Rs.4000/- per
month, respectively.
Petition stands disposed of in above terms with no orders as
to costs.
JUDGE
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