Manish Nemanna Kembral v. Harinakshi Manish Kembral

Rane * 1/2 * WP-2123-2015.doc (sr. no.36) Wednesday,6May2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2123 OF 2015 Manish NemannaKembral .....Petitioner : V/S :

Harinakshi Manish Kembral .....Respondent * * * * * Mr. P.J. Thorat, Advocate for the petitioner. Mr. Asgarali Shaikh h/f. Mr. Balakrishna Adyanthaya, Advocate for the respondent.

* * * * * * Coram :- Coram :- Smt. R.P. SondurBaldota, J.

Smt. R.P. SondurBaldota, J.

6th th May, 2015.

May, 2015.

P.C. :- P.C. :- 1).

This petition challenges the order dated 9th January, 2015 by which the Family Court awarded maintenance in the sum of Rs.25,000/- to the respondent and the child from the date of the application till the date of the order and Rs.35,000/- per month from the date of the order till final decision of the petition. Admittely, the petitioner gets salary of Rs.1,30,000/- per month, whereas the respondent gets salary of Rs.50,000/- per month. Thus, there is substantial difference in the income of both. The Family Court has taken this aspect into

Rane * 2/2 * WP-2123-2015.doc (sr. no.36) Wednesday,6May2015 consideration to award maintenance so that the respondent continues to enjoy the same status, as while residing with the petitioner. Since it is an established position in law that, even if the wife is working, she is entitled to receive maintenance from the husband, so as to match his status, there can be no infirmity in the impugned order. Hence, the petition is dismissed.

(SMT. R.P. SONDURBALDOTA, J) (SMT. R.P. SONDURBALDOTA, J)