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Bombay High CourtWP/8603/2015dismissed

Mr. Ambika Ramdhar Singh v. Mrs. Sadhana Ambika Singh

2017-03-14Hon'Ble Shri Justice R.M. Savant.2 pages

(22) wp­8603.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8603 OF 2015 Ambika Ramdhar Singh : Petitioner.

versus Mrs. Sadhana Ambika Singh : Respondent.

Mr. Manish N Jain i/by S M Jain and Associates for the Petitioner. Mr. Sachin R Pawar for the Respondent.

CORAM :

R. M. SAVANT, J.

DATE :

14th March 2017 P.C.

The writ jurisdiction of this Court is invoked against the order dated 21/02/2015 passed by the learned Civil Judge, Senior Division, Thane by which order the Application for maintenance filed by the Respondent herein for her two daughters came to be partly allowed and the maintenance in the sum of Rs.2,500/­ per month for each of the daughters came to be granted. The Petitioner herein was also directed to pay litigation costs of Rs.3,000/­ to the Respondent.

The Petitioner and the Respondent are presently estranged. It is the case of the Respondent that on account of the fact that the Petitioner is not looking after the Respondent and the two daughters, that the Respondent had to take a job in a nearby restaurant. The Respondent therefore filed the instant Application claiming maintenance in the sum of Rs.8,000/­ for each of lgc

(22) wp­8603.15 the daughters. The said Application has been partly allowed by the learned Civil Judge, Senior Division, Thane by granting maintenance to the extent mentioned in the earlier part of this order. It is an undisputed position that the daughters are school going and presently are studying in a boarding school at Panchgani, Dist. Satara.

Having regard to the aforesaid facts, in my view, the grant of maintenance in the sum of Rs.2,500/­ per month to each of the daughters cannot be said to be excessive or exorbitant. No case for interference in the writ jurisdiction of this Court is made out. The above Writ Petition is accordingly dismissed. The Petitioner may clear the arrears of maintenance in 6 (Six) installments starting from 1st April 2017 and ending 1st October 2017. [R.M.SAVANT, J] lgc