Mr. Sandesh Gotiram Bhosale v. Mrs. Deepali Sandesh Bhosale @ Miss. Deepali Shankar Khirit

904 Wp-1779-2020.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1779 OF 2020 Mr. Sandesh Gotiram Bhosale.

...Petitioner.

Versus

Mrs. Deepali Sandesh Bhosale.

...Respondent.

------ Mr. Sudip Mallick and Mr. Deepak Natu i/b N. Deepak & Co., for the petitioner. ------ Coram : Sharmila U. Deshmukh, J.

Date : January 11, 2024.

P. C. :

1.

The petition challenges the order dated 27th February 2019 passed in an application below Exhibit-21 in Miscellaneous Civil Application No. 613 of 2018 pending on the file of the District Judge, 6th Court, Pune in a proceedings under the provisions of Hindu Minority and Guardianship Act, 1956 read with Guardians & Wards Act, 1890. An application came to be filed on behalf of the respondent - mother seeking interim maintenance for the minor daughter, which application came to be allowed by the impugned order directing the applicant to pay a sum of Rs.3,000/- per month as interim maintenance for the minor - daughter.

2.

The contention raised by learned counsel for the petitioner is Patil-SR 1 of

904 Wp-1779-2020.doc that the application for maintenance is not maintainable in a proceeding filed under the Hindu Minority and Guardianship Act, 1956 as well as Guaridans and Wards Act, 1890. The trial Court considered the provisions of section 12 of Hindu Minority and Guardianship Act, 1956 and held that it is empowered to make interlocutory orders to grant interim maintenance.

3.

Considering that the maintenance has been granted to the minor daughter whose custody the petitioner-father seeks claiming to be concerned about her welfare and well-being and considering that the amount directed to paid is Rs.3,000/- per month which cannot be said to be excessive or exorbitant, in exercise of writ jurisdiction of this Court, I am not inclined to interfere with the said order. Petition is dismissed.

[Sharmila U. Deshmukh, J.] Patil-SR 2 of