Santosh Lalbihari Yadav And ORS. v. Anjali Santosh Yadav And ANR.

spb/ 4wp2434-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 2434 OF 2014 Santosh Lalbihari Yadav & Ors.

... Petitioners.

V/s.

Anjali Santosh Yadav & Anr.

... Respondents.

--- Mr. Mahesh Rawoo i/by Shah Kayval, Advocate for the Petitioners.

Mr. Tarun Kumar Sinha, Advocate for Respondent No.1. Mr. D.P. Adsule, APP for the State.

--- CORAM : A. V. NIRGUDE, J.

DATED : 17th NOVEMBER,2015 P.C. :

This writ petition challenges concurrent findings of courts below that the petitioner no.1 is liable to pay maintenance of Rs. 15,000/- per month for Respondent No.1 - wife and her son. The case is pending. This is an interim order passed by the learned Magistrate in a case filed in 2013, seeking various reliefs under the provisions of the Protection of Women from Domestic Violence Act, 2005. The impugned order is an interim order which has been confirmed by the appellate court.

Borey 1/2

spb/ 4wp2434-14.sxw Having perused the orders passed by the courts below, I see no reason to interfere in it. At this stage, I am not inclined to re-appreciate the evidence that has come on record. The learned counsel for the Petitioners points out to me that at one stage, the Respondent No.1 made a statement that she was working as a sales person in a jwellery shop. Despite of this admission, the petitioners cannot escape the liability of maintaining his wife and child. Having regard to the facts of the case and standard of living of the parties, as reflected in the pleadings, the order impugned appears to be reasonable and no interference is called for. Writ petition is dismissed.

(A.V.NIRGUDE,J.) .....

Borey 2/2