Arun Baburaoji Gajbhiye vs Kadambini Arun Gajbhiye And ...
2022 Latest Caselaw 5039 Bom

                                                                                                                                     0606 REVN 67 of 2022.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                   CRIMINAL REVISION APPLICATION NO.67/2022

                                                    Arun Baburaoji Gajbhiye
                                                          ...Versus...
                                            Sau. Kadambini Arun Gajbhiye and others

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                                         Shri M.P. Kariya, Advocate for applicant

                                                                                        CORAM : AVINASH G. GHAROTE, J.

DATE : 06/06/2022

1. Shri Kariya, learned Counsel for the applicant/ husband submits that though the salary of the applicant is only Rs.68,000/- per month, a maintenance to the tune of Rs.20,000/- p.m. to the wife and Rs.10,000/- p.m. for the son, totalling nearly half of the salary, has been granted without considering that the respondent no.1/wife herself is a lawyer and is presumed to be earning something from her legal practice. He further submits that the parameters for grant of maintenance has not be considered.

2. Issue notice for final disposal to the respondents, returnable on 28/06/2022.

0606 REVN 67 of 2022.odt

3. By way of an interim order, the impugned judgment dated 24/11/2021, is hereby stayed, subject to the condition of the applicant depositing the entire arrears at the rate awarded from 24/11/2021 till today and continuing to pay maintenance @ Rs.10,000/- p.m. to the wife and Rs.5,000/- to the child from today onwards during the pendency of the revision. The arrears be deposited by the returnable date.

4. On the arrears of Rs.1,80,000/- approximately being so deposited, the respondents shall be entitled to withdraw 50% of the same.

(AVINASH G. GHAROTE, J.)

Wadkar

Digitally signed bySHAILENDRA SUKHADEORAO WADKAR Signing Date:06.06.2022 16:51