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Bombay High CourtFCA/179/2018

Mr. Umesh Bapurao Lokhande v. Mrs. Sonal Umesh Lokhande And ANR.

2019-01-18Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Indrajit Mahanty3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.179 OF 2018 WITH CIVIL APPLICATION NO.310 OF 2018 IN FAMILY COURT APPEAL NO.179 OF 2018 Umesh Bapurao Lokhande .... Appellant/ Applicant versus Mrs.Sonal Umesh Lokhande & Anr.

... Respondents .......

• Mr.Abhijit Gosavi, Advocate for Appellant/Applicant. • Mr.Mahesh Chandanshive, Advocate for Respondents. CORAM : INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE : 18th JANUARY, 2019.

P.C. :

1.

This Appeal has come to be filed by the Appellant Umesh Lokhande (Husband) seeking to challenge an order under section 125 of Cr.P.C. passed by the Family Court No.5, Pune, directing the payment of maintenance of Rs.4,000/- to the Nesarikar

2 / 3 Respondent/Wife and Rs.3,000/- for the son from the date of filing of the Petition i.e. 16/09/2014 till the date of Judgment and thereafter at the rate of Rs.5,000/- per month to the Respondent/Wife as maintenance and Rs.3,500/- to the son from the date of Judgment.

2.

Learned Counsel for the Appellant submits that the aforesaid challenge to the order inter alia on the ground that the amount directed to be paid as maintenance, is very high and he has elderly parents dependending on him and an injured brother who requires financial and other support.

3.

The learned Counsel for the Respondents on the other hand submits that the amount fixed by the Family Court is extremely reasonable when the impugned order was passed and that the Appellant is an employee under the Bhabha Atomic Research Centre as an A.C. Mechanic and earning substantial salary. 4.

After hearing Learned Counsel for the Appellant as

3 / 3 well the learned Counsel for the Respondent and after perusing the impugned order as well as the grounds of Appeal, we find absolutely no justifiable ground to interfere with the findings of the Family Court.

5.

Hence, we dismiss the Appeal.

6.

Parties are at liberty take steps as such, as may be available in law to enforce the order of the Family Court. 7.

Civil Application is also disposed of accordingly. (SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.)