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Bombay High CourtWP/52/2020others disposed off

Prashant Annashaeb Gade v. Komal Prashant Gade And ORS

2020-01-08Hon'Ble Shri Justice Nitin W. Sambre2 pages

(30) WP-52-2020.doc BDP-SPS Bharat D.

Pandit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.52 OF 2020 by Bharat D.

Pandit Date: 2020.01.13 11:46:39 +0530 Mr. Prashant Annasaheb Gade ..... Petitioner.

V/s Sou Komal Prashant Gade and Anr.

..... Respondents.

Mr. Pravin Palhade for the Petitioner.

Mr. S.S. Hulke, APP for the State.

CORAM: NITIN W. SAMBRE, J.

DATE: JANUARY 08, 2020 P.C.:- 1] Family Court, Solapur vide impugned order dated 8/7/2019 awarded maintenance of Rs 4,000/- to Respondent-wife and Rs 3000/- to child.

2] The said order is questioned in the present Petition on the ground that the amount of maintenance is on higher side. Income of the Petitioner from his salary is Rs 22,611/-. It is also claimed that an amount of Rs 3,000/- for maintenance is already awarded under Domestic Violence Act which has not been taken into account. 3] If the aforesaid contentions are appreciated, it could be borne 1/2

(30) WP-52-2020.doc out of the record the Petitioner is working with Central Railway and is drawing gross salary of Rs 44,884/- and after deduction, he is receiving an amount of Rs 27, 348/.

4] Petitioner has taken loan from his employer and there is deduction of Rs 21,934/- from his salary towards repayment. 5] In the aforesaid backdrop, considering salary package of the Petitioner and his self created liability of loan, award of maintenance of Rs 4,000/- and 3,000/- in favour of Respondents is very much justified. No interference is warranted. Petition fails and the same stands dismissed.

( NITIN W. SAMBRE, J. ) 2/2