Bombay High Court
Dilip S/O Diyas Sahu vs Dr. Neharika Dilip Shahu (Maiden ... on 9 March, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.7915/2017
Dilip Diyas Sahu,
Aged about 33 years, Occ- Under Practice,
R/o.-Plot No.166, "Ashirvad Bhavan", Ward No.14,
Shahu Nagar, NIT Garden, Near Durga Mata Mandir,
Manewada, Besa Road, Nagpur, District Nagpur. .... Petitioner
(Ori. Applicant)
Versus
Dr. Neharika Dilip Sahu,
(Maiden name Dr. Niharika Govindlal Shahu)
aged 32 years, Occ- Doctor,
R/o.-Plot No.26, Anand Vihar Colony, Ward No.17,
Mamta Nagar, Galli No.5, Rajnandgaon (CG) 491441. .... Respondent
(Ori Non-applicant)
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Shri U.K. Bisen, Advocate for the petitioner.
Shri Yohan Chougule, Advocate h/f Shri Rohan Chhabra, Advocate for the respondent.
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Coram : V.M. Deshpande, J.
Dated : 09th March, 2021.
Oral Judgment
Rule. Rule is made returnable forthwith.
2. This Writ Petition arises out of the order passed by the learned Judge of
the Family Court No.2, Nagpur, dated 15-09-2017 below Exhibit-17 in Petition
H.M.P. No.A-352/2015. By the impugned order, the learned Judge of the Family
Court has allowed the application under Section 24 of the Hindu Marriage Act, 1955
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(for short, 'Act, 1955"), filed on behalf of the respondent/wife and directed the
petitioner/husband to pay interim maintenance at the rate of Rs. 4000/- (rupees four
thousand only) per month from the date of the order till the disposal of the main
petition. The petitioner was also directed to pay Rs. 5000/-(rupees five thousand only)
as costs of the litigation.
3. The petitioner/husband filed a petition for divorce that is Petition No.
H.M.P. No.A-352/2015. The said petition for divorce is still pending before the
Family Court, Nagpur.
4. During the pendency of the Hindu Marriage Petition, the
respondent/wife filed an application under Section 24 of the Act, 1955, claiming
interim maintenance at the rate of Rs. 30,000/- (rupees thirty thousand only) for
herself and for the minor son. The application was opposed by the husband primarily
on the ground that the respondent/wife is getting Rs. 700/- (rupees seven hundred
only) per month as a maintenance in view of the order passed by the learned Court of
Chhattisgarh under Section 125 of the Code of Criminal Procedure. During the
course of the hearing, it was pointed out to the learned Judge of the Family Court on
behalf of the respondent/wife that though the petitioner was directed to pay
maintenance at the rate of Rs. 700/- per month, the same is in arrears.
5. Be that as it may, the learned Judge of the Family Court after
considering the fact that the petitioner is a doctor and he has not given his exact
income before the Court for determining the quantum of maintenance, the learned
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Judge therefore, in my view, rightly relied upon the statement made on behalf of the
respondent/wife that the petitioner earns Rs. 30,000/-(rupees thirty thousand only)
per month. The learned Judge in the impugned order in paragraph 11 has rightly
considered the factors for determining the quantum of maintenance.
6. The learned Judge also, in my view, was absolutely right in
considering the fact that the maintenance granted in favour of the wife by the
Chhattisgarh Court is prior to one and half years and that is only Rs.700/-. Before this
Court, the learned Counsel for the petitioner submitted that even the wife is a doctor.
No cogent evidence is produced before this Court to show that the wife is a doctor.
Be that as it may, surely the husband has not stated that the wife is having sufficient
source of income to maintain herself and her minor son.
7. The learned Judge of the Family Court has also considered that the
maintenance amount of Rs. 4000/-(rupees four thousand only) shall be inclusive of
the maintenance granted by the Chhattisgarh Court. In my view, the Judge of the
Family Court has taken care of the interest of the petitioner also. The main Hindu
Marriage Petition is still pending. The maintenance granted in favour of the
respondent/wife is pendente lite. In my view, no error is committed by the learned
Judge of the Family Court in as much the petitioner is not disputing the marital status
at the paternity. The husband is liable and is under obligation to maintain the wife
and the father is under obligation to maintain the son till he became independent.
Hence, I pass the following order :-
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O R D ER
(i) The Writ Petition is dismissed confirming the order dated 15-09-2017
passed by the Family Court No.2, Nagpur.
(ii) The petitioner shall deposit all the maintenance amount as directed by
the Family Court, Nagpur on 15-09-2017 within a period of 15 days
from today, if the maintenance amount is not paid earlier as per the
order dated 15-09-2017.
(iii) The petitioner also to pay costs of Rs. 5000/-(rupees five thousand
only) as directed by the Family Court, Nagpur.
8. Rule is made absolute in above terms.
JUDGE
Deshmukh
