Sunil Nivratti Nikhate vs Priya Sunil Nikhate
2017 Latest Caselaw 790 Bom

                                                        Writ Petition No.7160/2015
                                           1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               BENCH AT AURANGABAD


                    WRIT PETITION NO.7160 OF 2015 WITH
                     CIVIL APPLICATION NO.16478 OF 2015



 Sunil s/o Nivratti Nikhate
 Age 32 years, Occ. Nil,
 R/o Ashirwad Nagar, Nanded                          ...      PETITIONER

          VERSUS

 Priya w/o Sunil Nikhate
 Age 26 years, Occu. Household,
 R/o Sumedh Nagar, Taroda (Kd.)
 Behind Shiv Parvati Mangal
 Karyalaya, Nanded.                                  ...      RESPONDENT

                              .....
 Mrs. Maya R. Jamdhade, Advocate for petitioner
 Mrs. Ranjana Reddy, Advocate for respondent
                              .....


                                  CORAM:       S. B. SHUKRE, J.

                                  DATED:       16th March, 2017.


 ORAL JUDGMENT :



 1.               Rule.        Rule made returnable forthwith and heard

finally by consent of learned counsel for the parties.

2. On going through the impugned order dated

17/12/2014, which takes a prima facie view, on the basis of

Writ Petition No.7160/2015

the material available on record that the petitioner has a

sound financial background and his monthly income is about

Rs.30,000/-, I find that, the view so taken by the learned

Principal Judge of the Family Court cannot be upset by this

Court merely because another view is possible. In exercise of

extraordinary jurisdiction of this Court, substituting the view

of the lower Court, just because another view is possible, is

not permissible. The view taken by the trial Court is not so

illogical or perverse. Therefore, I see no reason to interfere.

The Writ Petition is dismissed with costs. Rule is discharged.

3. In view of disposal of the Writ Petition, Civil

Application stands disposed of.

( S. B. SHUKRE ) JUDGE

fmp/wp7160.15