Bombay High Court
Neelam W/O Punit Barmase And ... vs Punit S/O Sujay Barmase on 8 December, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO.534 OF 2022
1. Smt. Neelam w/o Punit Barmase
Aged about 34 years, Occ. Housewife
2. Ku. Vanya D/o Punit Barmase,
Aged about 5 Years, Occ. Nil,
(Being minor through the mother
as a legal guardian Res. No.1)
Both R/o -C/o Hari Narayan Prasad,
Plot No.521, Nagarjun Colony, Nari
Basti, Nari Road,
Nagpur -14 ... PETITIONERS
// VERSUS //
Shri Punit s/o Sujay Barmase,
Aged about 34 Years, Occ. Service,
R/o Govt. Polytechnic College,
Sandurwafa Road, Sakoli,
Dist. Bhandara - 141802 ... RESPONDENT
Shri Y.R. Kinkhede, Advocate with Shri Pratik Patel, Advocate for
the petitioners.
Shri J.A. Anthony, Advocate for the respondent.
____________________________________________________
WITH
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CRIMINAL WRIT PETITION NO.534 OF 2022
Shri Punit s/o Sujay Barmase,
Aged about 34 Years, Occ. Service,
R/o Govt. Polytechnic College,
Sandurwafa Road, Sakoli,
Dist. Nagpur ... PETITIONER
// VERSUS //
1. Smt. Neelam w/o Punit Barmase
Aged about 34 years, Occ. Housewife
2. Ku. Vanya D/o Punit Barmase,
Aged about 5 Years, Occ. Nil,
(Being minor through the mother
as a legal guardian)
Both R/o -C/o Hari Narayan Prasad,
Plot No.521, Nagarjun Colony, Nari
Basti, Nari Road,
Nagpur-440014 ... RESPONDENTS
Shri J.A. Anthony, Advocate for the petitioner.
Shri Y.R. Kinkhede, Advocate with Shri Pratik Patel, Advocate,
Advocate for the respondents.
____________________________________________________
CORAM : G. A. SANAP, J.
DATE:- 08/12/2022
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ORAL JUDGMENT
1. Learned Advocate appearing for the petitioner in
Criminal Writ Petition No.859/2022 submits that he has wrongly
annexed the order dated 04.04.2022 with regard to the access to
the minor daughter by the petitioner instead of an order granting
interim maintenance. He is allowed to substitute the correct order.
2. Rule. Rule made returnable forthwith. Heard finally
by consent of learned Advocates for the parties.
3. The wife has filed the application under Section 125 of
the Code of Criminal Procedure for maintenance before the
Family Court. The said matter after filing the reply by the husband
is now adjourned for recording the evidence of the parties. The
husband has filed petition for divorce before the Family Court
against the wife. The same petition after filing the reply/written
statement by the wife is also posted for recording the evidence.
4. The order challenged in both the petitions is dated
4/04/2022 passed below Exh.5, an application seeking direction
by the wife to the husband to pay the interim maintenance, the
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educational, medical and other expenses. Learned Judge by
reasoned order partly allowed the application Exh.5 and passed
the following order:-
i) Application below Exh.5 is partly allowed.
ii) The non-applicant shall pay monthly maintenance @
Rs.4,000/- (Rs. Four Thousand Only) p.m. to applicant No.1 and
Rs.3,000/- (Rs. Three Thousand Only) p.m. to the applicant No.2 from
the date of application i.e. 26/04/2018 to till disposal of main petition.
iii) The non-applicant shall pay entire educational expenses of
minor daughter from the date of order to till disposal of main petition.
iv) The educational expenses included school fees, school bus
fees school uniform, stationary, books, private tuition etc.
v) The non-applicant shall pay entire medical expenses of
daughter from the date of order to till disposal of main petition.
vi) The educational expenses and medical expenses is payable
only after production of valid receipts/medical bills or shall directly pay
to concerned authority.
vii) The non-applicant shall pay costs of Rs.2,000/- (Rs. Two
thousand only) to applicants.
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5. The wife has made grievance that the interim
maintenance is inadequate and meager to satisfy her basic
requirements. The husband in his petition has made grievance
that the interim maintenance quantified with other directions is
excessive and exorbitant.
6. I have heard learned Advocates for the parties.
7. Learned Advocate for the wife submitted that as per
the mechanism provided in the order, daughter is entitled to get
the educational, medical and other expenses on the production of
the valid receipts/ bills. Learned Advocate in all fairness submitted
that the total amount of monthly interim maintenance to the wife
and daughter with the other expenses would roughly come to
Rs.18,000/- to 19,000/-. Learned Advocate further submitted that
on account of the actual interim maintenance quantified to the
wife, the arrears on all counts comes to Rs.3,51,200/- as on date.
8. Learned Advocate for the husband has also placed on
record the statement of arrears. According to the husband, the
arrears come to Rs.3,38,000/- only.
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9. As far as the quantum of interim maintenance is
concerned, in my view, the grievance made by the husband and
wife if examined in juxtaposition, with the material placed on
record, cannot be entertained. The order of interim maintenance
has provided inbuilt mechanism to take care of educational and
medical expenses of the daughter. Learned Judge in the order has
taken the material placed on record into consideration and
quantified the interim maintenance. It has come on record that the
take home salary of the husband is Rs.39,448/-. Apart from the
permissible deductions and the other expenses required to be
incurred by him have been considered in para No.13 of the
impugned order. It is to be noted that the order of interim
maintenance, is a stop gap arrangement to take care of the
financial difficulties faced by the wife. As pointed out by the
learned Advocate for the wife as per this order, the total amount
under the head of interim maintenance for the wife and daughter
and the other expenses would roughly come to Rs.18,000/- to
Rs.19,000/- per month. It is pertinent to note that in view of this
order, husband cannot avoid his responsibility.
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10. On going through the order passed by learned Judge of
the Family Court dated 04/04/2022, I am of the view that the
grievance made by the husband with regard to the excessive and
exorbitant nature of the interim maintenance quantified by the
learned Judge is totally misplaced and as such cannot be accepted.
11. Learned Advocate for the wife submitted that purpose
of the wife would be served, if the Court directs the husband to
clear the arrears of maintenance within one month. Learned
Advocate submitted that for want of financial assistance the wife
has not been able to meet her, as well as daughter's basic
requirements. In my view, the submission is just and proper.
Though learned Judge has set out inbuilt mechanism in the order,
it would be necessary to give certain directions to the husband to
clear the arrears.
12. Learned Advocate for the husband on my query, on the
point of payment of arrears, which according to him comes to
Rs.3,38,000/-, submits that husband may be permitted to pay the
amount by installments.
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13. I have given thoughtful consideration to the rival
submissions on this limited point. The application was filed by
the wife for maintenance on 26.04.2018. Learned Judge by the
impugned order has directed the husband to pay the maintenance
@ Rs.4,000/- p.m. to the wife and Rs.3,000/- to the daughter
from the date of the application i.e. 26.04.2018. The expenses are
to be paid from the date of the order. In my view, therefore, the
husband is duty bound to clear the arrears. In view of the fact
situation obtained on record, unwarranted indulgence cannot be
granted to the husband. He is gainfully employed. The wife has
been residing separately from him, since prior to the date of filing
of the application. Therefore, in my view, it would be just and
proper and in the fitness of things to direct the husband to clear all
the arrears till date within a period of one month. Prayer made for
payment by installments is not justifiable and as such cannot be
accepted.
14. As far as the difference of the arrears calculated by the
husband and wife are concerned, they shall place their calculations
before learned Judge. On consideration of the calculation with
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regard to the difference, learned Judge shall take a call and pass an
appropriate direction. Learned Judge shall ensure that all the
arrears of maintenance are cleared within one month from today.
Learned Judge shall not grant any sort of indulgence to the
husband in the matter. Learned Judge in future shall ensure that
as and when the bills towards the educational, medical and other
expenses in terms of order dated 04.04.2022 are placed on record,
he must see that the amount is recovered from the husband within
a reasonable period and in any case within one month from the
actual presentation of the application with bills.
15. In view of above, I am of the view that there is no
substance in both the petitions. The above directions would serve
the purpose of wife as well as husband.
16. Criminal Writ Petitions stand dismissed.
17. Learned Judge is further requested to hear both the
matters together and dispose of the same expeditiously within
three months.
JUDGE
Signed By:MANISHA ALOK manisha
SHEWALE
Signing Date:12.12.2022 17:48
