Bhagyashri W/O Sudarshan Damre vs Sudarshan S/O Dayaram Damre
2022 Latest Caselaw 6096 Bom

                                 1



        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  NAGPUR BENCH, NAGPUR.


           CRIMINAL WRIT PETITION NO. 56 OF 2022


        Bhagyashri w/o Sudarshan Damre, Aged
        about : 27 years, Occ. Nil, R/o Flat No.
        8, Plot No.88, Anand Appt., Shankar
        Nagar, Nagpur - 441110

                                                   ... PETITIONER


                             VERSUS



        Sudarshan s/o Dayaram Damre,
        aged about 29 years, Occ. Govt.
        Servant R/o Flat No. 201, A-
        Wing, Vanashree Appt, I.T. Park
        Road, Gayatri Nagar, Nagpur.

        [email protected]
                                                 ... RESPONDENT
_____________________________________________________________
       Shri P.M. Sinha, Advocate for the petitioner.
       Shri K.R. Trivedi, Advocate for the respondent.
______________________________________________________________


                      CORAM          :   VINAY JOSHI, J.

                      DATED.         :   30.06.2022.





ORAL JUDGMENT :

RULE. Rule is made returnable forthwith.

2. Heard finally by consent of both the parties.

3. The petitioner-lady has called in question the order of

rejection of interim maintenance dated 08.11.2021 passed by the

Family Court in Petition No.E-485 of 2021. The Trial Court has

declined to grant interim maintenance by holding that the petitioner-

lady was earning and thus, she cannot be said to be unable to

maintain herself. The respondent-husband is having permanent job

from which he is earning salary to the tune of Rs.59,000/- per

month.

4. Perused the entire record and particularly the documents

relating to the income of the parties. I have suggested to both sides

that this being an interim stage, the matter can be worked out

without going to the merits by paying certain amount of

maintenance to the wife during the pendency of main petition. At

this juncture, the learned Counsel for the respondent upon

instructions would submit that without prejudice to the rights of

husband, he is ready to pay monthly amount of Rs.7500/- per month

towards the interim maintenance to the wife from today till the

disposal of main petition by Family Court. In view of above,

impugned order dated 08.11.2021 passed by the Family Court on

Exhibit 16 is quashed and set aside. The respondent husband is

directed to pay interim maintenance at the rate of Rs.7500/- from 1 st

July, 2022 onward till final disposal of main petition by Family

Court. It is clarified that this Court has not considered the merits of

the case. The Family Court to make an endeavor to decide the case

expeditiously and as far as possible within a period of 6 months from

the date of receipt of intimation.

5. The petition stands disposed of in the aforestated terms.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

01.07.2022 15:07