Citation : 2017 Latest Caselaw 296 Bom
Judgement Date : 1 March, 2017
Judgment 1 wp4449.16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4449 OF 2016
Sonali W/o. Sachin Makde,
Aged about 30 yrs., Occu.: Housewife,
R/o. Kanji House Square, Ssomalwada,
Nagpur, Tah. & Distt. Nagpur.
.... PETITIONER.
// VERSUS //
Sachin S/o. Rajendra Makde,
Aged about 31 yrs., Occu.: Business,
R/o. Telipura, Siraspeth, Nagpur
Tah. & Distt. Nagpur.
.... RESPONDENT
.
___________________________________________________________________
Ms N.P.Hiwase, Advocate for Petitioner.
___________________________________________________________________
CORAM : Z.A.HAQ, J.
DATED : MARCH 01, 2017.
ORAL JUDGMENT :
1. None appeared for the respondent-husband on 15th February,
2017. The matter was adjourned. Today again none appears for the
respondent.
2. Heard Ms N.P.Hiwase, advocate for the petitioner-wife.
3. RULE. Rule made returnable forthwith.
Judgment 2 wp4449.16.odt
4. The petitioner-wife being dissatisfied with the amount of
maintenance granted by the Family Court has filed this petition. The
submission on behalf of the petitioner is that the respondent is running flour
mill and having business of giving sound system on hire and is also
administering a school. It is submitted that the respondent is having three
storeyed building from which he gets rent. According to the petitioner, the
income of the respondent is about Rs.1,00,000/- per month. It is the case of
the petitioner that the respondent is the only son of his parents and is not
having any liability.
5. Inspite of notice, the respondent has opted to stay away and not
to oppose the claim of the petitioner.
6. Accepting the submission made on behalf of the petitioner, it is
directed that the respondent shall pay Rs.15,000/- per month towards
interim maintenance to the respondent until further orders. The amount
shall be paid by the respondent to the petitioner till 10th day of every month.
In addition, the respondent shall pay Rs.20,000/- towards
expenses of litigation instead of Rs.5,000/- as directed by the Family Court.
The petitioner-wife will be at liberty to apply for enhancement of the interim
maintenance before the Family Court if necessitated and if advised.
Judgment 3 wp4449.16.odt
Rule is made absolute in the above terms. In the circumstances,
the parties to bear their own costs.
JUDGE
RRaut..
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