Shrikant Shyamrao Mohite v. Surekha Shrikant Mohite And ORS

wp-10067-13-(23)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10067 OF 2013 Shrikant Shyamrao Mohite ..Petitioner Vs.

Surekha Shrikant Mohite & Ors ..Respondents Mr. A. D. Magdum a/w Mr. S. S. Patwardhan for the Petitioner Mr. N. Y. Chavan for the Respondent No.1 CORAM :

R. M. SAVANT, J.

DATE :

21st NOVEMBER, 2016 P.C.

The Writ Jurisdiction of this Court is invoked against the order dated 26-8-2013 passed by the Learned Civil Judge Senior Division, Sangli, by which order, the Petitioner herein has been directed to pay Rs.3000/- as maintenance pendent lite to the Respondent-wife from the date of the application till the date of decision in the custody Petition. The said application was filed in the Petition filed by the Respondent No.1 herein for custody of the children. The Learned Civil Judge Senior Division, has fixed the interim maintenance at Rs.3000/- after arriving at the conclusion that the income of the Petitioner was Rs.5,00,000/- per year. This conclusion the Learned Judge arrived at on the basis of the material on record which indicates that the Petitioner has agricultural lands wherein he is growing grapes which is a cash crop.

mmj

wp-10067-13-(23) In my view, having regard to the said material on record, the finding of the Learned Judge cannot be faulted with, resultantly the order fixing the interim maintenance at Rs.3000/- to the Respondents does not suffer from any illegality or infirmity for this Court to interfere in its Writ Jurisdiction. The Writ Petition is accordingly dismissed. [R.M.SAVANT, J] mmj