Mr. Rupesh Krishnamurari Pandey v. Mrs. Shashi Rupesh Pandey

3.WP-13019-18.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13019 OF 2018 Mr.Rupesh Krishnamurari Pandey ...

Petitioner versus Mrs.Shashi Rupesh Pandey ...

Respondent Vipin Pathak i/b M/s.MKS Legal Associates for the Petitioner.

None for the Respondent.

Rupesh K. Pandey-Petitioner present in Court.

CORAM :- SMT.BHARATI DANGRE, J.

DATE :- MARCH 2, 2020 P.C. :- 1.

The husband, is the petitioner before this Court, who challenge an interim order granting an amount to the tune of Rs.7,000/- towards the maintenance of his wife and his minor son, who is ailing.

2.

Perused the order dated 29th June, 2018 passed by the learned Civil Judge, Senior Division, Link Road, Bhiwandi. An attempt is made to assail the said order on the ground that the Court assumes certain things and proceeds to award the amount of maintenance of Rs.7,000/-. The learned counsel for the M.M.Salgaonkar

3.WP-13019-18.doc petitioner orally submit that the petitioner is not a Government servant, but he has taken up some job, which is not permanent in nature and which yields him an income approximately of Rs.21,000/- per month.

3.

Considering the illness of the child and the fact that the medical receipts issued by the hospital in which the child had undergone treatment were produced on record and on consideration of the fact that a petty amount of Rs.7,000/- has been awarded towards the maintenance of the wife and children, I do not think that any interference is warranted in the interim order. The order is, in any contingency, passed on an application under Section 24 of the Hindu Marriage Act, 1955 and awaits the final adjudication in the proceedings filed by the petitioner seeking divorce from the respondent. The writ petition is dismissed.

(SMT.BHARATI DANGRE, J.) M.M.Salgaonkar