Smt. Chitra Swapnil Amte vs Mr. Swapnil Ananta Amte
2022 Latest Caselaw 9238 Bom

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                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION

                                           CIVIL APPLICATION NO. 285 OF 2019
                                                          IN
                                          FAMILY COURT APPEAL NO. 98 OF 2016
                                                         WITH
                                          FAMILY COURT APPEAL NO. 98 OF 2016

                       Smt. Chitra Swapnil Amte                                  ... Applicant
                            Versus
                       Mr. Swapnil Ananta Amte                                   ... Respondent
                                                          ...
                       Mr. Satyajeet P. Dighe, Advocate for the Applicant-wife.
                                                          ...
                                                     CORAM : NITIN JAMDAR AND
                                                             SHARMILA U. DESHMUKH, JJ.

DATE : 14 SEPTEMBER 2022

P.C. :-

Heard learned Counsel for the Applicant-wife. The appeal filed

by the Appellant-wife challenging the judgment and order passed by the

Family Court No.4, Pune dated 23 February 2016, dissolving the

marriage between the Applicant-wife and the Respondent-husband, by Digitally signed by

SANJAY ASARAM SANJAY ASARAM MANDAWGAD decree of divorce, is admitted and pending for hearing. MANDAWGAD Date:

2022.09.16 16:48:05 +0530

2. This civil application is taken out by the Applicant/Appellant-

wife for maintenance of Rs.25,000/-. Pursuant to the order passed, the

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Applicant and the Respondent have filed their affidavits. The Applicant

has filed two affidavits.

3. We have perused these two affidavits filed by the Applicant and

affidavit of the Respondent. The Applicant has stated that she is working

as a Junior Assistant in Micro Irrigation Sub Divisional Department of

the State and she draws monthly gross income of Rs.31,303/-. Thereafter,

the Applicant has given the deductions from the gross income and has

stated that net income is Rs.10,890/-. The Applicant has also given

particulars of the expenses incurred for taking care of her mother and

household expenses.

4. As against this assertion of the Applicant, the Respondent has

stated that the Respondent has remarried on 10 December 2017. There

are twin daughters born of the said wedlock. He is doing business of

printing, however the business was running into loss and he has to stop

the business, as he was not getting financial assistance. He has stated that

he is taking care of his wife and two daughters by doing odd jobs.

5. Having considered rival contentions, we find that at present the

Applicant-wife is better placed, having a permanent government job as

against the Respondent-husband, who is trying to generate his own

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income in private sector post the Covid-19 pandemic. It is not

demonstrated by the Applicant-wife that she alone is responsible for

taking care of her parents as against assertion of the Respondent-husband

that he has to take care of two daughters and wife. Considering the

financial position in which the parties are placed, we are not inclined to

consider the application in the present circumstances.

6. The Civil Application is accordingly disposed of.

7. List the appeal on board for hearing, as per its turn.

( SHARMILA U. DESHMUKH, J. ) ( NITIN JAMDAR, J. )

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