Shri. Aashish Rajendra Kardile v. Sou. Nivedita Aashish Kardile

9 WP 3809 OF 2017.odt vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3809 OF 2017 Ashish Kardile ...

Petitioner.

V/s.

Nivedita A. Kardile ...

Respondent.

Mr. Balwant V. Salunkhe, for the Petitioner.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATED : 13th OCTOBER, 2017.

P.C.

1] Heard learned counsel for the petitioner. This writ petition is preferred against the order dated 16.4.2016, passed by the Family Court No.5, Pune, in P.A. NO.295 of 2015 thereby awarding interim maintenance at the rate of Rs.4,000/- per month to respondent from the date of application i.e. 8.12.2015. 2] The only submission advanced by learned counsel for the petitioner is that the petitioner has no source of income. He was working in a private showroom and earning Rs.10,000/- per month. However, at present, he is not working and has no source of income. However, the observation made by the Family Court, in paragraph 1/2

9 WP 3809 OF 2017.odt NO.5 of its order, clearly indicate that the petitioner has himself resigned from the said job and his resignation letter dated 6.4.2015, was also produced on record. Thus, it is clear that when the petitioner himself has voluntarily given up the job, now he cannot contend that he is not having any source of income. 3] It is apart from the fact that he is able bodied person as observed by the Family Court. It is contended that the respondent is also doing some job and getting income. No documentary evidence is produced on record to that effect.

4] In view thereof, an amount of Rs.4,000/- per month as awarded by the Family Court towards interim maintenance to the respondent can hardly be called as unreasonable, exorbitant or excessive so as to warrant interference therein and hence writ petition being devoid of merit, stands dismissed. (DR. SHALINI PHANSALKAR-JOSHI, J.) 2/2