Avinash Chandu Kamble v. Rita Avinash Kamble And ANR

57-wp-4011-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DARSHAN PRAKASH PATIL CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4011 OF 2021 by DARSHAN PRAKASH PATIL Date: 2023.07.17 15:07:49 +0530 Avinash Chandu Kamble

...Petitioner

Versus

Rita Avinash Kamble And Anr.

...Respondents

Mr. Saurabh V. Patil for the Petitioner.

Ms. Neha R. Kokare for the Respondent Nos. 1 and 2.

CORAM:

N. R. BORKAR, J DATED:

7 JULY, 2023 PC:- 1.

The respondent No.1/wife herein has filed an application under Section 125 of the Code of Criminal Procedure (Cr.P.C.) against the petitioner/husband and sought the maintenance from him at the rate of Rs.50,000/- for herself and respondent No.2/ daughter.

2.

By the order impugned, the Family Court, Pune, inter alia directed the petitioner to pay interim maintenance at the rate of Rs.30,000/- per month to respondent Nos.1 and 2. 3.

The learned counsel for the petitioner submits that the respondent No.1 is serving as teacher and getting salary of Rs.31,000/-. It is submitted that though the petitioner is serving as professor, however, out of his salary of Rs.2,24,000/- due to deductions and other expenses, he could hardly save Rs.10,000/-. Darshan P. Patil 1/2

57-wp-4011-21.odt It is thus submitted that the order impugned be set aside. 4.

It appears from the impugned order that respondent No.1, in addition to her daughter i.e. respondent No.2, is maintaining her unemployed major son, who is admittedly residing with her. Considering the overall facts and circumstances of the case, I am not inclined to interfere with the order impugned. 5.

The writ petition is dismissed.

6.

The trial Court shall, however, endeavour to decide the main proceedings as early as possible and in any case within 9 months from the date of receipt of the copy of this order. (N. R. BORKAR, J.) Darshan P. Patil 2/2