Rajkiran Tushar Deshmukh v. Tushar Jalinder Deshmukh

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10196 OF 2019 Rajkiran Tushar Deshmukh .... Petitioner Vs.

Tushar Jalinder Deshmukh .... Respondent Mr. Sameer Kumbhakoni for Petitioner Coram : NITIN W. SAMBRE, J.

Date : 20th January, 2020 P.C.:

1.

In Exercise of powers under Section 24 of the Hindu Marriage Act, pendente lite maintenance of Rs.15,000/- per month is awarded in favour of the petitioner of which enhancement is sought. 2.

The submissions are the respondent-husband has following source of income :

(a) The construction company;

(b) Lodge;

(c ) Petrol pump and (d) Agricultural income

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As far as construction business is concerned, the same is informed to be under the stage of winding-up, whereas the lodge is not owned by the respondent. As far as income from the agricultural land is concerned, the same is dry land and based on the income from the agricultural land and the petrol pump, an amount of Rs.15,000/- pendente lite maintenance is awarded.

4.

The award of maintenance is based on the appreciation of source of income of the respondent-husband. Though the petitioner is awarded maintenance of Rs.15,000/- per month, however for resources of the respondent, no independent evidence is brought on record to demonstrate actual earning of the respondent-husband. The maintenance of Rs.15,000/- considering the resources of the respondent-husband as awarded appears to be quite reasonable. No case is made out for interference.

5.

The petition fails. Dismissed.

( NITIN W. SAMBRE, J. )